Re Franks

The matter before the court involved the estate of William Harry Franks, who passed away on 14 July 2020. Franks had left a will dated 29 January 2018, appointing two of his children and his sister, Patricia Mary Cook, as executors. Patricia Mary Cook renounced her role on 17 February 2021, but the remaining executors have been unable to agree on the administration of the estate. The court was asked to decide whether the executors should be replaced by an independent administrator due to their inability to agree on the estate's administration.

The primary legal issue before the court was whether the executors should be replaced by an independent administrator because they could not agree on the administration of the estate. The court needed to determine if there were sufficient grounds to remove the executors and appoint an independent administrator to ensure the estate was properly managed and liabilities were paid. The court considered the terms of the will, the renunciation by one of the executors, and the ongoing disputes between the remaining executors.

In reaching its decision, the court found that the executors' inability to agree on the administration of the estate and their failure to provide joint instructions to the solicitors engaged to progress the administration justified the removal of the executors. The court was satisfied that appointing an independent administrator was in the best interest of the estate and its beneficiaries. The court also considered the need for the estate to be funded to cover expenses, including the defence of an application by a beneficiary for further provision from the estate.

The court ordered that the applicant and the respondent be removed as executors and that a grant of letters of administration with the will dated 29 January 2018 issue to Renee Anne Bennett, as administrator. The court fixed the remuneration of the administrator and her firm, Wilson/Ryan/Grose Lawyers, and directed that all property of the deceased vest in the administrator. The administrator was also authorized to sell any assets to complete the administration of the estate and pay liabilities. The court ordered that all documents in the possession or control of the applicant and the respondent relevant to the estate be delivered to the administrator within fourteen days of the order.