Judgment has been handed down in a bitter family dispute over a contested will.

Irina Victorovna Evans had applied to challenge a resolution voted through by shareholders Manx registered company, Montague Western Investments plc, which removed her as a director.

Deemster John Needham said the background to the case involved the ‘sadly not uncommon’ conflict between the children of the deceased and the surviving spouse of a later marriage.

A previous judgment dealt with the removal and replacement of executors appointed through the last will and testament of the late Richard Robert Evans who during his lifetime was the main shareholder of Montague.

Deadlock had been reached between the executors of the will mainly due to the impasse between surviving spouse Irina and the children represented by Victoria Driscoll.

That impasse led to apparent confusion encountered at a shareholders’ meeting in November 2023 where a vote was held on a resolution seeking the removal of Irina as director.

It was common ground that the majority shareholder was represented by Victoria and Irina, who because of the deadlock between them could not vote as one.

More than 50% of the members present voted for the resolution.

But Irina argued that the resolution required more than 50% of the votes of the total shareholders present at the meeting and a vote representing 45% of the total shares did not provide the necessary margin for the resolution to pass.

However, in a new judgment, Deemster Needham ruled that there can be no other outcome than a conclusion that the resolution removing Irina as director was passed with a majority of greater than 50% of the voting rights exercised.

Striking out the claim in its entirety, he said: ‘I conclude Irina was no longer a director of Montague after that date. Such a finding on the law means there is no practicable purpose to claim.’