Jurisdiction(s):
United Kingdom

Struck out: corporate claimant lacked standing to pursue estate assets without English grant of representation; executor v administrator distinction affirmed in England and Wales

Published on: 12 January 2024

Published by a LexisNexis Private Client expert

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Article summary

the Ali Abdullah Ali Alesayi Will Establishment v Alesayi [2023] EWHC 3150 (Ch)

What are the practical implications of this case?

This ruling reaffirms the court’s method when assessing whether a party has standing to advance proceedings on behalf of a deceased person’s estate.

The distinction between an executor and an administrator

The action might have been issued by an executor; however, the claimant was not identified in the Proof of Will, so it could not act as executor. Acting instead as administrator, the claimant needed an English grant of representation to possess the necessary locus to commence the claim.

Claims by legal entities treated the same as claims brought by individuals

The claimant company had been formed as the ‘parent holding entity’ to receive assets transferred under the deceased’s Proof of Will. The court determined that bringing the claim through a corporate vehicle, rather than a natural person, did not warrant any different treatment when characterising the causes of action pursued. The claimant was not itself ‘the estate’, just as an individual asserting equivalent rights would equally not be ‘the estate’. Accordingly, its status did not convert it into the estate or confer representative capacity for these proceedings. Claiming...

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