Executor jailed for contempt after breach of trust and court order

In a powerful ruling handed down by Mr David Halpern KC (Ch) on 2 June 2025, the High Court imposed a 12-month immediate custodial sentence (not suspended) on an executor, Mr Asif Pervez, for contempt of Court under the Debtors Act 1869.

Mr Pervez was found to have:

• Wilfully disobeyed a Court order requiring the payment of £138,201,

• Evaded enforcement through non-cooperation, despite being in a position of trust as executor,

• Offered no credible explanation as to the whereabouts of the funds.

The Court referenced established authorities, including A-G v Crosland [2021] UKSC 15, reinforcing that contempt in such fiduciary roles warrants serious consequences when there is:

• Deliberate defiance,

• Lack of remorse,

• Absence of mitigating factors.

The Judge noted:

“There is nothing to justify suspension of the sentence.”

This case serves as a stark reminder of the serious personal risks executors face when they fail to comply with their duties and that contempt of Court in fiduciary contexts will be met with severe penalties, especially where Court orders are breached, and trust is abused.

One to keep on file for all private client and Contentious Probate professionals.

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