- Removal of executor for irrational and hostile conduct (Hudman v Morris)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Irrationality and hostility
- The wishes of the beneficiaries
- Case details
Private Client analysis: An executrix, Sharon Hudman (Sharon), brought a Part 8 Claim under section 50 of the Administration of Justice Act 1985 (AJA 1985) and in the alternative section 116 of the Senior Courts Act 1981 (SCA 1981), seeking the removal or passing over of Alan Morris (Alan) as executor to her husband’s estate. The court decided that the proper and effective administration of the estate would be threatened by Alan’s continued status as executor. In any event, the wholesale breakdown of relations between Alan and the other beneficiaries would have justified the appointment of an independent administrator. The court removed both executors and appointed an independent administrator. Written by Adam Stewart-Wallace, barrister at Ten Old Square.
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