The administrators of the deceased’s estate sought permission of the court to pay certain creditors and then to distribute the balance to the beneficiaries without reference to claims against the estate which they disputed.
Held: Whilst a court should be reluctant in a normal case to make such an order, in this case, each potential creditor would face the prima facie liability of having their cases struck out for want of prosecution. The court should see what other protection might be avaiable to creditors. The order was made.
Judges:
Richard Arnold QC
Citations:
[2007] EWHC 622 (Ch), Times 16-Apr-2007
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In Re Yorke Deceased ChD 3-Sep-1997
The plaintiffs were executors of the deceased, a ‘name’ at Lloyd’s from 1983 until his death in 1991. The estate was reinsured with Equitas for every possible Lloyd’s risk to which it would or might otherwise be liable. Having settled the debts and . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 07 September 2022; Ref: scu.251167