A reminder of the limits imposed on Executors where there is no Grant of Probate

Mark Harper QC successfully acted for the applicants in Secure Mortgage Corp Ltd v Harold & others [2020] EWHC 1364 (Ch). Following a 2 day remote hearing in the Manchester BPC, the applicants obtained declaratory relief that the appointing executors were not entitled to appoint an administrator under Sch B1 Insolvency Act 1986. The Court found that the executors had (a) failed to comply with out-of-court appointment process, (b) not demonstrated that the deceased had succeeded to the security that had been relied upon or (c) established that there was an enforceable debt due and owing under the security. The case is also important as HHJ Halliwell found that the executors, not having taken out a grant of probate, were unable to prove any title to the claimed security pursuant to section 11 of the Revenue Act 1884 and section 2(1) of the Administration of Estates Act 1925 (see Judgment at paragraph 24).

The authority can be read here.