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Evans v Westcombe; re Evans: ChD 10 Mar 1999

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References: Gazette 10-Mar-1999, Gazette 17-Mar-1999, Times 10-Mar-1999, Gazette 10-Mar-1999, [1999] 2 All ER 777
Coram: Richard McCombe QC
Ratio: Where available, missing beneficiary insurance was the preferred way of dealing with the problem, rather than applications to the court for Benjamin or other similar orders. Insurance should be cheaper and more certain for the personal representatives. Where the cost of an application would be disproportionate, the cost of insurance may be paid out of the trust estate.
This case is cited by:

  • Cited – Green and others v Gaul and Another; In re Loftus deceased ChD (Bailii, [2005] EWHC 406 (Ch), Times 28-Mar-05, [2005] 2 All ER 700, [2005] 1 WLR 1890)
    The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate.
    Held: The limitation period against a personal . .

(This list may be incomplete)

Last Update: 23 April 2018
Ref: 80394

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