Order removing personal representative/appointing substitute
Published date | 21 March 2018 |
Subject Matter | Chancery forms |
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:
- The appointment of the First Defendant EF, one of the personal representatives of the estate of WXYZ (deceased) (“the deceased”), be terminated
- JK of [firm, if a solicitor], [address] be appointed personal representative of the deceased
- [JK is authorised to charge proportionate and reasonable costs for acting as personal representative, such costs to be paid out of the estate.]
- [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.]
- 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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