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New representation to estate permitted in order to challenge acquisition of property by fiduciary
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The Court of Appeal has allowed an appeal from the High Court, and set aside refusal to grant two of the deceased's children leave to extract a grant of letters of administration with will annexed 'de bonis non', in relation to their late father's estate, where their mother had failed to exercise a power of appointment, and the pre-1959 executor 'by representation' had acquired the freehold reversionary estate in questionable circumstances. The Court of Appeal emphasised the importance of allowing the applicants to pursue their claim, highlighting the potential applicability of the Rule in Keech v. Sandford and various provisions of the Statute of Limitations 1957.
executor by representation, fiduciary duty, Rule in Keech v. Sandford, Statute of Limitations 1957, grant of letters of administration de bonis non, freehold reversionary interest, breach of trust, special circumstances, Succession Act 1965, Administration of Estates Act 1959, constructive trust, fraudulent misappropriation, testamentary instrument, affidavit evidence, Court of Appeal, High Court.
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