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.

Checklist This Checklist sets out the steps that must be taken to appoint an administrator using the court route. This Checklist should be used in conjunction with the following Practice Notes: • Court appointments—who can apply and in what circumstances? • Court appointment of administrators—the procedure Step/action Time (days) Section/rule Application 1 Prepare documentation for application:● administration application● witness statement in support of administration application● draft administration order● proposed administrator’s statement and consent to actLinks to the relevant Forms/Precedents can be found at the end of this Checklist. Day 1 Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 3.2, 3.3 and 3.6Practice Direction on Insolvency Proceedings (PDIP, para 6.1) 2 All the above must be filed with the court, accompanied by the appropriate fee (see the Practice Note: Court fees in insolvency proceedings).Additional copies of these documents for service (see step 3 below as to who should be served) should be filed at court for endorsement, and then service.The

Checklist This Checklist sets out the steps that must be taken by a qualifying floating charge holder (QFCH) to appoint an administrator using the out-of-court route during usual court opening hours. There are a number of criteria that must be checked before the QFCH should take steps to appoint an administrator using the out-of-court procedure. Guidance may be found in the following Practice Notes: • Out-of-court administrator appointments—who can appoint and in what circumstances? • Out-of-court administration appointments by a QFCH—the procedure This Checklist does not cover how a QFCH may appoint an administrator outside of court opening hours. For further information on that, see Practice Note: How to file for administration out of court opening hours. Step/action Time (days) Section/rule Notice of intention to appoint 1. A QFCH must give at least two business days notice to any prior ranking QFCH, or alternatively any prior ranking QFCH must consent to short notice in writing.For details of service provisions,

This Checklist sets out the steps that must be taken by the director(s) or the company to appoint an administrator using the out-of-court route under paragraph 22 of Schedule B1 of the Insolvency Act 1986 (IA 1986). There are a number of criteria to be checked and steps to be fulfilled. Detailed guidance is found in the following Practice Notes, which should be consulted in conjunction with this Checklist: • Out-of-court administrator appointments—who can appoint and in what circumstances? • Out-of-court administration appointments by a company or its directors—the procedure For a quick view, the flowchart below shows the basic steps required. The flowchart assumes that the company in question is not regulated by the Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA), or the Independent Football Regulator (though the Checklist itself does cover the additional steps required in such situations). For Precedent appointment forms, see: Forms below. Appointment flowchart Appointment checklist Step/action Time (days) Section/rule Pre-appointment 1 If

This Practice Note summarises the statutory provisions of the Companies Act 2006 (CA 2006) relating to the appointment of an auditor of a private company (CA 2006, ss 485–488) or a public company (CA 2006, ss 485–488). In addition, there may be other rules relating to the appointment of an auditor that apply to a listed company, an AIM company or a company with securities that are listed on the AQSE Main Market, AQSE Growth Market or AQSE Trading (formerly NEX Exchange Main Board, NEX Exchange Growth Market and NEX Exchange Secondary Market), but these are outside the scope of this Practice Note. Where a new auditor is to be appointed in place of an outgoing auditor whose term of office has expired, or is to expire, see Practice Note: Failure to re-appoint an auditor. In relation to the terms of an auditor's appointment and remuneration, see Practice Note: An auditor’s terms of appointment and remuneration. For a form of resolution to appoint or re-appoint an auditor and fix its remuneration, see Precedent: Resolution to appoint

Trustees can come in all shapes and sizes. For instance they can be both individual and corporate or even be a local authority. However, there are limitations on certain types of trustees. Corporations can be trustees but they are limited in their capacity to hold property in a trust. In general such organisations will be limited to acting as trustees of charitable trusts set up for the object for which they were established. However, an advantage is that all property vested in such a trustee automatically passes to its successor. On the level of charities for non-educational Church of England purposes, churchwardens can be ex officio trustees but only in respect of personalty, not realty, otherwise the Diocesan authority or other custodian trustee is required in addition. Under the School Sites Act 1841 (SSA 1841) the churchwardens of a church can be appointed ex officio as a quasi-corporation. A local authority may be trustees for an educational endowment or a charity with educational, recreational or heritage purposes eg a village hall. The practitioner will

I appoint [full name of the first business property executor] of [full address of the first business property executor] and [full name of the second business property executor] of [full address of the second business property executor] to be the executors [and trustees] of this Will in relation to my Qualifying

I appoint: • [name of spouse] [also] of [address of spouse] (my Spouse); [and] • [description of second executor, eg my brother, my daughter, my friend] [name of second executor] of [address of second executor]; [and] • [description of third executor, eg my brother, my daughter, my friend] [name of third executor if applicable] of [address of third executor]; [(my General Executors)] to be the executors and trustees of this Will except

This Checklist sets out key considerations as to whether the appointment of an intermediary is ‘necessary’ in family proceedings, assessments to be undertaken, procedural requirements and case management, together with issues such as the scope of support to be provided, ground rules hearings and funding. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A, together with FPR 2010, PD 3AA, make provision as to the participation of vulnerable persons in family proceedings and the giving of evidence by vulnerable persons. The rules include provision for the court to make ‘participation directions’ as to the involvement of a vulnerable person, protected party or child in family proceedings, as well as the power to appoint an intermediary. See Practice Note: Vulnerable persons—participation and evidence in family proceedings. An intermediary is a person whose function is to: • communicate questions put to a witness or party • communicate to any person asking such questions the answers given by the witness or party in reply to them, and • explain such questions or answers so far as is necessary

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A, together with FPR 2010, PD 3AA, make provision as to the participation of vulnerable persons in family proceedings and the giving of evidence by vulnerable persons. The rules include provision for the court to make ‘participation directions’ as to the involvement of a vulnerable person, protected party or child in family proceedings, as well as the power to appoint an intermediary. See Practice Note: Vulnerable persons—participation and evidence in family proceedings. An intermediary is a person whose function is to: • communicate questions put to a witness or party • communicate to any person asking such questions the answers given by the witness or party in reply to them, and • explain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions The leading case

[I appoint [[insert full name(s) of relevant partner(s)] OR all the partners at the date of my death] of [insert full name of firm] of [insert full address of firm] at to be the executors and trustees of this Will. OR I appoint [insert full name(s) of relevant partner(s)] of [insert full name of firm] of [insert full address of firm] and [insert full name of individual] of [insert full address

An executor is a person appointed by a valid Will or codicil to administer the testator’s property and carry out the provisions of the Will. An administrator is a person appointed by the court to administer the property of a deceased person where they were not appointed in the deceased’s Will (either because the Will did not make a valid appointment of executors, the appointed executors were unable or unwilling to act or there was no Will). The term personal representatives (PRs) includes both executors and administrators. See Practice Note: Definition of a personal representative. Appointment of executors Executors may be appointed: • expressly by Will • impliedly by Will (according to the terms of the Will) • by a person nominated in the Will to appoint executors and if so, the nominated person may appoint themselves as executor • through the chain of representation, or • by the court Acceptance of office Methods of accepting the office of executor include: • obtaining a grant of probate • performing acts that constitute acceptance of