Judgment
In the estate of Everett Maud Dell (Deceased) - David Dell and Joan Ebanks v Delroy Smickle - Reasons for Decision
[2021] CIGC (Probate) 129
· G 0129/2019 · 2021-10-05
Competing applications for the grant of letters of administration-whether deceased’s children should be appointed in preference to her estranged husband- allegations of unfitness-scope of Court’s power to vary the statutory order of priority for grants- Probate and Administration Rules (2008 Revision), rule 33-Succession Act (2006 Revision), sections 12(2), 42(1)-Senior Courts Act 1981 (UK), section 116(1). Jurisdiction to depart from statutory priority for administrators; Passing over surviving spouse on suitability/immigration grounds; Appointment of children as joint administrators
Full metadata
| Neutral Citation | [2021] CIGC (Probate) 129 |
|---|---|
| Cause Number | G 0129/2019 |
| Court | CIGC (Civ) |
| Judge | Kawaley J |
| Parties | In the estate of Everett Maud Dell (Deceased) - David Dell and Joan Ebanks v Delroy Smickle - Reasons for Decision |
| Judgment Date | 2021-10-05 |
| Subject | Competing applications for the grant of letters of administration-whether deceased’s children should be appointed in preference to her estranged husband- allegations of unfitness-scope of Court’s power to vary the statutory order of priority for grants- Probate and Administration Rules (2008 Revision), rule 33-Succession Act (2006 Revision), sections 12(2), 42(1)-Senior Courts Act 1981 (UK), section 116(1). Jurisdiction to depart from statutory priority for administrators; Passing over surviving spouse on suitability/immigration grounds; Appointment of children as joint administrators |
| Filename (current) | 21-10-05-The-Estate-of-Everitt-Maud-Dell-Deceased.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Succession Act | 11 and 42, 12, 42 | 8 |
| Grand Court Act | 11 | 3 |
| Probate and Administration Rules (subordinate) | 33, 36(4) | 3 |
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