Introduction
Natasha Dzameh successfully represented a claimant who had applied for removal of a lay executor and a professional executor, the estate not having been administered for circa 6 years. The application was opposed by the lay executor whilst the professional executor claimed to be neutral. The estate was administered in the 2 years between issue of the claim and the final hearing resulting in the substantive dispute being one of costs. The main issues were whether: the claimant had in effect discontinued her claim; the claimant was entitled to her costs from the personal representatives or the estate; the professional executor was responsible for the lay executor's costs; and the executors were entitled to be indemnified from the estate.
The executors were ordered to pay the claimant’s costs and were denied the indemnity under CPR 46.3.
ASSOCIATED CASES
CASES
June 1, 2024
Winter v. Winter [2024] 2 FLR 1065; [2025] 2 P&CR 2; [2024] WTLR 1559
Administration of Estates, Agriculture & Rural Affairs, Disputed Wills, Proprietary Estoppel, Wills & Trusts
CASES
November 9, 2023
Stoney-Andersen v. Abbas [2023] EWHC 2964 (Ch)
Disputed Wills, Wills & Trusts
CASES
May 31, 2023
Harvey v. Van Hoorn [2023] Ch 500; [2023] 3 WLR 447; [2023] WTLR 1323; [2024] 1 P&CR DG2
Disputed Wills, Wills & Trusts