- The court chooses between proposed professionals to administer an estate (Liu v Matyas)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The case involved an application to remove or pass over one of the executors named in the deceased’s last Will (the validity of which was not disputed). That executor had been in a relationship with the deceased and also his business partner, was a beneficiary under the Will, and considered that he had a possible separate claim against the deceased’s estate too. He was therefore interested in a personal capacity in who should administer the estate. By the time of the hearing, the position of both parties was that the two named executors should be replaced by an independent professional. However, the parties had proposed different solicitors for this role and had been unable to agree. The court was therefore required to consider the two side’s proposed appointees and decide between them. The court weighed various factors and was ultimately swayed in favour of the least expensive option. Written by Jonathan Edwards, barrister at Radcliffe Chambers.
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