Evans v Westcombe; re Evans: ChD 10 Mar 1999

Where available, missing beneficiary insurance was the preferred way of dealing with the problem, rather than applications to the court for Benjamin or other similar orders. Insurance should be cheaper and more certain for the personal representatives. Where the cost of an application would be disproportionate, the cost of insurance may be paid out of the trust estate.


Richard McCombe QC


Gazette 10-Mar-1999, Gazette 17-Mar-1999, Times 10-Mar-1999, Gazette 10-Mar-1999, [1999] 2 All ER 777


England and Wales

Cited by:

CitedGreen and others v Gaul and Another; In re Loftus deceased ChD 18-Mar-2005
The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate.
Held: The limitation period against a personal . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 16 August 2022; Ref: scu.80394