Muller and another (as administrators of the estate of Kahrmann) v Harrison-Morgan

Real property – Administration of estate. The claimant administrators of the deceased's estate (namely the deceased's estranged wife and his daughter) failed in their claim to recover £2.2m that had been paid to the defendant (with whom the deceased had had a relationship) following the sale of a property. That payment had been made after the deceased's death. The Chancery Division rejected the administrators' contention that the profit retained in respect of the sale had been held on constructive trust for the estate and the deceased's business partner. However, the court ruled that the estate was entitled to recover from the defendant 36 items which the estate claimed she had removed from the property. The defendant's counterclaim for half the proceeds of the sale of another property failed on the facts.

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