- Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: This is another case where adult siblings are in dispute over administration of an estate in which the party most proximate to their deceased mother had obtained a grant of probate of a Will disputed by the others. The defendant was the primary beneficiary under that Will. The claimants also alleged that their defendant brother had exerted undue influence on the mother to take out a substantial short-term loan secured on the former family home, the proceeds of which, they alleged, had been used by the defendant to buy property. The claimants obtained a freezing order, and the defendant did not provide information as ordered. Tenants of the mortgaged property vacated it and arrears clocked up over a few months. Matters were brought to a head when the mortgagee put in a receiver and threatened a sale at auction. The defendant applied for a necessary variation of the freezing order to re-mortgage and avoid that sale. The claimant applied for summary disposal (which was not pursued at the hearing) and the appointment of an administrator pending suit. Peter Knox QC dismissed the defendant’s application, appointed the administrator pending suit and gave the defendant 14 days to comply with his obligations under the CPR (acknowledge service, file and serve a defence) and the freezing order. Written by Martin Young, barrister at 9 Stone Buildings, Lincoln’s Inn.
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