X Executrix of the Estate of Y (Deceased) v Z (Approved)

1.������ This is an application for enforcement of an order for the sale of a family home made in the context of judicial separation proceedings between a male-female married couple. The wife has, sadly, passed away in the years since the judicial separation order was made and the proceeds of the sale of the family home, when sold, will fall to be distributed in accordance with her will. The executrix (Ms X) is not satisfied with the pace of the house-sale by the husband of the separated couple (Mr Z) and wants her solicitor to be entrusted with sole carriage of the sale.�

3.������ Given the breadth of the matters raised by the respondent at the hearing, it is important at the outset of this judgment that the court respectfully emphasise that what is being sought by the applicant is, in truth, but enforcement of an order which accompanied an order of judicial separation made in respect of Ms Y and Mr Z on 29 October 2008, which, inter alia , granted:

4.������ As mentioned, Ms Y is now, unfortunately deceased; however, she has made a valid will and once the family home is sold, her children are the principal beneficiaries under the will.

5.������ The family home, a fine property, has been on the market since June 2018 for a particular sum. It was valued for Ms X in 2019 at about 87 per cent of the price currently being sought by Mr Z.

6.������ Ms X does not accept that Mr Z has any real intention of selling the house and considers that he has been obstructing the sale. So she has come to court seeking to enforce the order of 29 October 2008.