Brealey v Shepherd & Co Solicitors [2024] WTLR 427

Wills & Trusts Law Reports | Summer 2024 #195

A testator appointed as executors her brother, Mr Hayward, and the partners of the defendant, a firm of solicitors. At the time of the testator’s death Mr Shepherd and another solicitor, Mr Smyth, were the only partners in the defendant. Mr Hayward and Mr Shepherd took probate. The will did not contain a charging clause.

The claimant was a residuary beneficiary and the occupant of the testator’s home. The claimant refused to move out and an issue also arose over a loan made by the testator to the claimant. To progress these matters and the administration of the estate, the executo...

Shepherd & Co Solicitors v Brealey [2023] WTLR 755

Wills & Trusts Law Reports | Summer 2023 #191

The testatrix by her will appointed her brother, Mr Robin Shepherd (a solicitor), ‘and the partners at the time of my death in the firm of Shepherd and Co [being Mr Shepherd’s firm]’ as her executors. The will made no provision for remuneration of executors. Mr Shepherd’s firm (the appellant) was retained by the executors and the retainer was signed by the brother alone. Mr Shepherd did work in his capacity as executor of the estate of the deceased and the appellant rendered a bill to the estate. The testatrix’s son (the respondent) brought third-party assessment proceedings pursuant to<...

Brudenell-Bruce v Moore & ors [2014] EWHC 3679 (Ch)

Wills & Trusts Law Reports | April 2015 #148

The claimant, Mr Brudenell-Bruce Earl of Cardigan brought a claim for breach of trust against two trustees of the Savernake Estate Trust (Mr Moore and Mr Cotton) of which he is a beneficiary. He also challenged the trustees’ remuneration and sought their removal as trustees.

The estate consists of numerous properties including a mansion, Tottenham House with an adjacent stable block. The estate is held on trust for sale and within a partnership with 49% of the partnership belonging to Lord Cardigan absolutely and 51% held by the trustees of the Children’s Trust, the beneficiaries ...