The Law Reports (Chancery Division)
[2008] Ch 395
Thomas and Agnes Carvel Foundation v Carvel and another
[2007] EWHC 1314 (Ch)
2007 May 23,
24;
June 11
June 11
Lewison J
Administration of estates— Personal representative— Replacement— Husband and wife domiciled in United States of America making mutual wills— Agreement to leave all property to claimant— Husband dying without altering or revoking will— Wife thereafter making new will appointing first defendant sole executrix and bequeathing residuary estate to second defendant— Wife dying while domiciled in England— American court upholding agreement and claimant’s entitlement to wife’s estate— First defendant obtaining High Court order for payment of substantial sums from estate— Claimant’s action for replacement of first defendant as personal representative or trustee— Whether claimant beneficially entitled “under will of deceased”— Whether first defendant “trustee” and claimant “beneficiary”— Whether American court’s decision giving rise to issue estoppel binding on defendants— Whether claimant entitled to summary judgment— Whether first defendant to be replaced as personal representative and trustee—
Judicial Trustees Act 1896 (59 & 60 Vict c 35), s 1 (as amended by Administration of Justice Act 1985 (c 61), s 50(6))
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Administration of Justice Act 1985, s 50