Gay partner of dead TV presenter has “no prospect of success” in removing executors

In a ruling by the Court of Appeal the partner of eccentric TV presenter and personality, Timothy Hadcock-Mackay, lost his battle to have the executors of his estate removed.  Alexander Torquil Mackenzie-Buist argued that the executors had "eroded" the value of the estate.

Mr Hadcock-Mackay, a well known presenter on Channel 4 and hotel entrepreneur, committed suicide in July 2006 leaving an estate worth approximately £2million. The couple never entered into a civil partnership. However, they did live together at Mr Hadcock-Mackay's £1.2 million mansion. In his Will he made Mr Mackenzie-Buist a substantial beneficiary of the estate. However, Mr Mackenzie-Buist's lawyers argued that the property portfolio left behind by Mr Hadcock-Mackay ought to be treated as belonging to their client. Their argument being that he had contributed more to their purchase price than Mr Hadcock-Mackay in whose name they were registered.

Jas Chhotu, acting for Mr Mackenzie-Buist explained "The value of Mr Buist's contribution to the purchase price of the properties registered in the deceased's name far exceeded any contribution made by the deceased himself."

The executors argued that Mr Hadcock-Mackay was labouring under a "fundamental misconception" of his entitlements under the Will and they had to take into account the position of the other beneficiaries.

Sir Robin Jacob refused Mr Mackenzie-Buist permission to take his claim further and urged the parties to reach a settlement. Following the judgement his lawyer, Mr Chhotu, commented "If this was a man and a woman case, this would never have happened. The courts would have bent over backwards to protect the woman."