Wills & Trusts Law Reports | Spring 2022 #186The first defendant was an executor and trustee of the will dated 28 June 2001 (the will) of Gladys Dulcie Townsend (the deceased), who died on 1 July 2003 leaving property both in England and Wales and in Dominica. Probate of the will was granted to the first defendant and a solicitor out of the Winchester Probate Registry on 2 December 2004. The claimant, who was a residuary beneficiary under the will, brought a claim seeking the removal and replacement of the executors in December 2015. An order removing the first defendant by consent was made on 2 June 2016. The first defendant, who ...
Catherine Pugsley and Laura Southern report on executors’ misplaced reliance on charging clauses The issue of the case was whether an executor, who was involved in a profession or business which was ‘unrelated to the administration of trusts or estates’, could rely on the professional charging clause. It is generally held that the job of …
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