Lines v Wilcox & Ors

This is a hostile trust dispute between beneficiaries as to entitlement to an asset. All beneficiaries are adult and sui juris and can litigate the matter themselves. There are no special circumstances justifying a Beddoe order. The administrator should remain neutral and not litigate at the risk of the estate. Beddoe relief is refused.

Parties: Claimant: Damian Lines (as administrator of the Estate of Mrs NE Brock, deceased); First Defendant: Maureen Wilcox; Second Defendant: Gary Wilcox; Third Defendant: Clive Brock; Fourth Defendant: Caroline Brock; Fifth Defendant: Michelle Long
Jurisdiction: England and Wales
Judgment Date: 10 June 2019
Procedural Posture: Application for Beddoe Order / Judgment on Threshold Issue
Outcome: Beddoe order refused
Legal Topics: Beddoe Orders, Personal Representatives' Costs, Hostile Trust Disputes, Derivative Claims

Probate Trusts and Estates Beddoe Orders Personal Representatives' Costs Hostile Trust Disputes Derivative Claims

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Parties

Damian Lines (as administrator of the Estate of Mrs NE Brock, deceased)

Claimant

Maureen Wilcox

First Defendant

Gary Wilcox

Second Defendant

Clive Brock

Third Defendant

Caroline Brock

Fourth Defendant

Michelle Long

Fifth Defendant

Procedural Posture

Application for Beddoe Order / Judgment on Threshold Issue

Legal Issues

1 Whether a Beddoe order should be granted to the administrator to bring a claim against some beneficiaries regarding a disputed asset transfer
2 Whether the dispute is properly characterised as a hostile trust dispute between beneficiaries

Ratio Decidendi

Court Disposition

Beddoe order refused