Wills & Trusts Law Reports | Summer 2024 #195A 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...
Shilpa Shah examines the difficult relationship between allocation and costs recovery ‘It was contended that the court should assess costs at the level allowed by reference to the small claims track provisions.’ While one of the aims of allocation was to enable the principle of proportionality to be dovetailed into the costs rules appropriate for …
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