When the court gives permission for a personal claim, brought by a beneficiary of
an estate in his personal capacity, to be continued as a derivative claim, the personal representative needs to be joined as a defendant.
Not exact matches
Having been informed that plaintiff Frances Mackey died
in 2003, we have substituted her son Sterling Odom as a party
in his
capacity as
personal representative of her
estate.
In the trust and estate litigation arena, he represents corporate trustees, individual trustees, personal representatives, and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and frau
In the trust and
estate litigation arena, he represents corporate trustees, individual trustees,
personal representatives, and beneficiaries
in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and frau
in disputes involving breaches of fiduciary duty, dissipation of trust or
estate assets, and claims of lack of testamentary
capacity, undue influence and fraud.
His trust and
estate litigation practice includes representing corporate trustees, individual trustees,
personal representatives and beneficiaries
in disputes involving breaches of fiduciary duty, dissipation of trust or
estate assets, and claims of lack of testamentary
capacity, undue influence and fraud.
However, the judge (a clear exception to the rule that legal minds can't do math) pointed out that «this ignores the fact that,
in their
personal capacity as
estate beneficiaries, Howard and Jeanette would be entitled
in due course to a portion of any funds returned by them to the
estate, whereas a charge for the same amount against their inheritance would deprive them unfairly of that benefit.»
Despite the New York judgment, Pamela then brought proceedings
in the Chancery Division
in London
in her
personal capacity, against herself
in her
capacity as executor of the
estate, for debts incurred by Mrs C before her death and for expenses incurred
in the administration of the
estate.
Entitled person means a client or an entitled third party and entitled third party means a residuary beneficiary absolutely and immediately entitled to an inheritance where solicitors have charged the
estate for their professional costs of acting
in the administration of the
estate and either the only
personal representatives are solicitors: (a) whether or not acting
in a professional
capacity; or (b) acting jointly with partners or employees
in a professional
capacity.