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Acting as an Independent Administrator: Bartlett duties and difficult decision making

Date:17 OCT 2019

... and it falls to the Independent Administrator to pro-actively steer the beneficiaries towards a resolution whilst maintaining their position of neutrality.

But when might an Independent Administrator have to consider making a decision which might be unpopular with one beneficiary for the greater good of the estate as a whole?

An example

This question was considered recently by VWV Partners Michelle Rose and Mary McCrorie as the Court appointed Independent Administrators for the deadlocked estates of a husband and wife Mr and Mrs McDonald.

Mr and Mrs McDonald died within two years of each other leaving behind six adult children and a combined estate worth over £40 million part of which comprised two family companies.

Earlier this year one of the siblings the sixth beneficiary appealed against a decision of the High Court dismissing his proprietary estoppel claim for the bulk of his parents' estates and an increased shareholding in the family companies. The Court of Appeal agreed with the findings of the first instance judge and dismissed the appeal. The full reported judgement can be found here: McDonald v Rose [2019] EWCA...

Read the full article here.