Order removing personal representative/appointing substitute

Published date21 March 2018
Subject MatterChancery forms
Draft/Masters’ Orders

Order removing Personal Representative/Appointing Substitute. CH 41

IN THE HIGH COURT OF JUSTICE Claim No. -

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

[ LIST](ChD)

Master [name]

[Day, month, year]

In the estate of [name, deceased]

B E T W E E N:

ABCDEFG

Claimant

-and-

HIJKLMNOP

Defendant

_________________________________________

ORDER

_________________________________________

UPON the application of the Claimants by Part 8 claim form dated …..

AND UPON hearing …

AND UPON reading the written evidence filed

IT IS ORDERED that:

  1. The appointment of the First Defendant EF, one of the personal representatives of the estate of WXYZ (deceased) (“the deceased”), be terminated

  1. JK of [firm, if a solicitor], [address] be appointed personal representative of the deceased

  1. [JK is authorised to charge proportionate and reasonable costs for acting as personal representative, such costs to be paid out of the estate.]

  1. [The First Defendant shall, within [ ] days from the date of service of this order:

(1) [deliver up to the Court the grant of probate/letters of administration dated [date] to the estate];

(2) provide to the Claimants a full inventory of the estate;

(3) render to the Claimants an account of the administration of the estate;

(4) deliver up all documents relating to the estate to the first Claimant and GH.]

  1. The [Court][Claimants] shall send to the Principal Registry of the Family Division:

(1) a sealed copy of this order; and

(2) the grant of [probate of the will][letters of administration] dated [date] of the deceased;

and they shall remain in its custody until a memorandum of the order has been endorsed on or permanently...

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