Major Stibbard had died appointing family members and a solicitor to act in his will. The family had become embroiled in bitter litigation. The defendants were appointed administrators with will annexed. As personal representatives of the last surviving trustee of the legal estate, the defendants had the power to appoint new trustees of the various trusts in the estate. Within a year of the grant these proceedings were issued, without any letter before action, claiming damages for delay.
Held: The rash and highly speculative action must fail. The claim was insufficiently particular, and had not been made out.
Judges:
The Hon Mr Justice Hart
Citations:
[2001] EWHC Ch 469
Links:
Statutes:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 27 September 2022; Ref: scu.167319
