Meldine Powell (by Guardian) v Randy McLean and Alfred McLean - Judgment

Administration - Application to remove personal representatives of an Intestate Estate on ground appointment obtained by fraud - s 8 of the Succession Act - Probate action to be commenced by Writ- Grand Court Rules Order 5 (2) - Probate and Administration Rules. Succession - Intestacy - Statutory trust for sale arising on intestacy - Whether defendants entitled on intestacy and holding land as trustees - Definition of child of the Intestate - ss29 and 30 (c) of the Succession Act (2006 Revision - Status of Children Act 2003 - s 35 (3) The Succession Act 1975 (Law 18 of 1975). Land Law - Land Adjudication Act - Land registered in the Crown as unclaimed land - Whether held on trust for purchaser in possession. Land Law -inter vivos gifts of real property - Whether valid gift of land made to defendants - Milroy v Lord - Equity will not perfect an imperfect gift. Limitation of Actions - Succession - Intestacy - Adverse possession - Application of Limitation Act to equitable interests in land - Whether claim for rectification statute-barred - When right of action accrues - Whether defendants acquiring title by adverse possession - Whether grant of Letters of Administration revived Estate’s Title - Doctrine of relation back - ss 19, 20, 24, 27 and 31 of the Limitation Act. Succession - Limitation of Actions - Claim for rectification of Register - Whether vesting of Land in the Estate by Crown revived Estate’s title - s.23 Limitation Act.