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Mortgagee entitled to sue executrix despite no grant of probate

By: Mark Tottenham BL

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High Court grants order for possession of the property of a deceased person, where the executrix had not taken out a grant of probate but was continuing to occupy the property, on the grounds that: (a) the property had vested in the executrix on the deceased's death, and she had intermeddled in the estate; (b) the executrix had not executed a valid renunciation; and (c) the cause of action had not accrued by the date of death of the deceased, so the action was not statute-barred.

Whether bank entitled to sue executrix where no grant of probate had been extracted - whether proceedings were statute-barred - claim for possession of property - mortgage entered into by deceased - default in repayments - executrix de son tort - estate vested immediately upon death of deceased - whether executrix had renounced - whether executrix had acquired any rights under the mortgagor - accrual of cause of action - whether action statute-barred - whether demand had been made - whether cause of action had subsisted at the date of death of the deceased.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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