BH v JH (costs) [2024] WTLR 403

Wills & Trusts Law Reports | Summer 2024 #195

A deputy had made an application to vary a statutory will and disputed that carers and unidentified charities needed to be served and notified of the same. The Official Solicitor made an application to resolve the dispute on service and the court determined, as argued by the Official Solicitor, that the rules required service of the variation application on carers and unidentified charities but that service on the carers could be dispensed with. The Official Solicitor made an application for the costs of the service issue.

Held:

  1. (1) Each case must be considered on i...

Dunbabin & ors v Dunbabin (costs) [2022] WTLR 935

Wills & Trusts Law Reports | Autumn 2022 #188

On 10 February 2022 judgment was delivered on a claim brought under Part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the question whether they had severed their beneficial joint tenancy, so as to hold the legal title to their residence upon trust for themselves as tenants in common in equal shares, with the result that on the death of Angela her half share devolved according to the terms of her will instead of passing automatically by survivorship to John. The cl...