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High Court refuses to grant order appointing daughter of testatrix as administratrix with the will annexed, where the husband of the testatrix was named executor but died after his wife, on the grounds that: (a) although the will named two sons as alternative executors if the husband were 'unable' or 'unwilling' to act, this did not amounts to an 'in default' clause arising in the event of his death; (b) certain claims alleged by the daughter to arise on behalf of the testatrix's estate against the two sons were unstatable as they had been based on a misunderstanding of the management of a family company and its property; and (c) it was not necessary to make an order where the court rules made provision for the priority in relation to the extraction of a grant.
Application for liberty to extract grant of administration with will attached - s. 27(4) of the Succession Act, 1965 - will executed in 2017 - husband named as executor - died after testatrix - assets less than pecuniary bequests - necessity for abatement - allegation that substitute executors had perpetrated a fraud on the family company - interpretation of clause - construction of will - 'unable' or 'unwilling' to act - whether amounts to 'in default' - whether property purchased at an undervalue - compliance with s 238 of Companies Act 2014 - whether deceased lacked capacity at time of resolution of company.
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