Hugh Cumber successfully defends application to remove executor

The County Court handed down judgment on 28 March 2019 in the case of King v Ellis. This was a claim to remove the First Defendant as executor of the estate of his mother under section 50 Administration of Justice Act 1985. The claim was brought by the First Defendant’s sister, the Claimant. Hugh Cumber acted for the Second Defendant, who was the other residuary beneficiary of the estate. Both the First and Second Defendant opposed the order sought.

HHJ Monty QC dismissed the Claimant’s claim. He held that there were no good reasons to exercise the court’s discretion to remove an executor, and that it would not be in the best interests of the estate or beneficiaries for the executor to be removed.  To read the full judgment please click below.