Kenig v Thomson Snell & Passmore LLP [2024] WTLR 595

Wills & Trusts Law Reports | Summer 2024 #195

The claimant and his sister were beneficiaries of the will of their mother. The defendant, a solicitors’ firm, was instructed by the sole executor to administer the estate. The defendant’s original costs estimate was £10,000-£15,000 plus VAT, but its invoices totalled £54,410.99 plus VAT and expenses. The claimant challenged the fees charged and applied for an assessment under s71(3) Solicitors Act 1973, which a costs judge ordered. The defendant appealed on grounds restricted to Tim Martin Interiors Ltd v Akin Gump LLP [2011], namely, that it was not open to a benefici...

Mussell v Patience [2018] WTLR 579

Wills & Trusts Law Reports | Summer 2018 #172

The judgment in this matter focused on the correct test that the court should apply when deciding whether to strike an entry from an account.


The claimant executors sought:


(1) a declaration that final estate accounts were in order; and


(2) directions to administer the estate accordingly.


The defendants raised objections to the accounts prepared by the executors, and in particular objected to 26 entries relating to legal services. The defendants asserted that, as beneficiaries, they had a right to assess whether such legal charges were re...