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Successful removal and substitution of Personal Representative

19th November 2014

A Claimant has been successful in obtaining an order from the High Court removing a Personal Representative of an estate pursuant to section 50 of the Administration of Justice Act 1985.

The Claimant brought her claim as widow of the deceased. The Defendant is the deceased’s adopted son. The deceased left a relatively modest estate of £27,000 in the form of monies held in a single bank account. On 11th September 2013 the Defendant obtained Power of Attorney. The document was purportedly signed by the Claimant. On 4th November 2013 the Defendant obtained Grant of Administration, thus enabling him to access the estate funds and dissipate them.

Michael Brown, acting on behalf of the Claimant, drafted a Part 8 claim together with a number of affidavits in which the Claimant asserted that the Grant of Administration had been obtained by fraud; namely that the Defendant forged her signature. The Claimant filed a copy of her driving licence in support. Even to the untrained eye the signatures were markedly different.

The High Court made an order pursuant to section 50 of the Administration of Justice Act 1985 removing the Defendant as Personal Representative of the estate and substituting the Claimant. The Claimant successfully recovered her costs of the proceedings.  

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