Thomas and Agnes Carvel Foundation v Carvel

Subject Matter

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 leaving estate to second defendant — Wife dying while domiciled in England — First defendant wife's personal representative — 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, s 1 (as amended by Administration of Justice Act 1985, s 50(6)) — Administration of Justice Act 1985, s 50

[2008] Ch 395; [2008] 2 WLR 1234