Lane v Lane & ors (costs) [2024] WTLR 639

Wills & Trusts Law Reports | Summer 2024 #195

The claims concerned the estate of Monica Lane (the deceased), who died on 8 May 2019. The deceased’s final will was dated 23 February 2013 (the will). By the will the deceased left her son David her ‘share and interest’ in the partnership (the gift), among other assets. The deceased’s daughter Susan (the first defendant) and David were named as executors.

The first defendant had contended that the deceased became permanently incapacitated shortly before her death, causing the dissolution of the partnership. The argument that the gift failed by ademption and fell into residue had ...

Brealey v Shepherd & Co (2) [2022] WTLR 27

Wills & Trusts Law Reports | Spring 2022 #186

The proceedings concerned detailed assessment as part of a beneficiary’s challenge to the legal costs incurred in the administration of the estate of his late mother. The point of dispute considered in the judgment was the fees raised by one of the two executors, Mr Shepherd, who was a solicitor. It was common ground that the will did not contain a charging clause. Mr Shepherd relied on a number of arguments. He argued that his appointment was a personal one, irrespective of him being a solicitor, and that both executors were entitled to be reimbursed their expenses incurred in fair exec...