Shepherd v Wheeler: ChD 2000

An application was made without notice for the appointment of an alleged creditor under section 116 as administrator of the deceased’s intestate estate.
Held: The court applied the standard principles of an enhanced duty of disclosure in without notice applications in probate actions.

Lawrence Collins QC
[2000] WTLR 1175
Supreme Court Act 1981 116
England and Wales
CitedRe Leguia (No. 2) CA 1936
The court revoked a grant of letters of administration with will annexed which had been granted in favour of judgment creditors on the grounds of their non-disclosure.
Lord Wright MR: ‘But the President or probate judge has discretion either to . .

Cited by:
CitedGhafoor and others v Cliff and others ChD 11-Apr-2006
The applicant had obtained revocation of a grant of administration ad colligenda bona in the estate, and having succeeded, now sought costs. The question was whether there had been proper reasons for the application for the grant. The deceased’s . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate, Litigation Practice

Updated: 27 January 2022; Ref: scu.241553