Daniel Burton, instructed by Rob Adam of Greene & Greene, represented the successful Claimant beneficiary in contested Part 64 proceedings concerning the administration of a farming estate. The Court held that a testamentary gift of a “share and interest” in a dissolved partnership had not adeemed and, generally, would not adeem until the payment of a cash sum to a former partner following a winding-up. The Court also exercised its discretion to remove the First Defendant executrix under section 50 of the Administration of Justice Act 1985 and replace her with an independent solicitor.

The judgment of Jonathan Hilliard KC contains a careful and considered elucidation of the operation and interaction of partnership law, the doctrine of ademption and the interpretation of wills, as well as some gloss on the Court’s approach to removal applications.

Read the High Court’s judgment here.