Burgess v Whittle (& Anor [2025] EWHC 2829 (Ch) (03 November 2025)

Burgess v Whittle (& Anor [2025] EWHC 2829 (Ch) (03 November 2025)

The first defendant had no reasonable basis to suspect the 2014 will was invalid and no reason to investigate; her conduct was grossly unreasonable and outside the norm, justifying indemnity costs. The claimant is entitled to costs from the first defendant, assessed on the indemnity basis, with payment on account and interest, and unrecovered costs to be paid out of the estate.

Citation
[2025] EWHC 2829 (Ch)
Parties
Claimant: Fiona Jane Burgess; First Defendant: Julie Elizabeth Whittle; Second Defendant: Robert Paul Rowell
Jurisdiction
England and Wales
Judgment Date
03 November 2025
Procedural Posture
Probate Claim / Judgment on Costs
Outcome
Claimant awarded costs against first defendant on indemnity basis; payment on account ordered; interest awarded; unrecovered costs to be paid out of estate.
Legal Topics
Costs, Testamentary Capacity, Knowledge and Approval, Indemnity Costs, Payment on Account, Interest on Costs, Costs Out of Estate
Probate Civil Procedure Costs Testamentary Capacity Knowledge and Approval Indemnity Costs Payment on Account Interest on Costs +1 more

Case Brief

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Parties

Fiona Jane Burgess

Claimant

Julie Elizabeth Whittle

First Defendant

Robert Paul Rowell

Second Defendant

Procedural Posture

Probate Claim / Judgment on Costs

Legal Issues

  1. 1 Whether the unsuccessful party should pay the successful party's costs
  2. 2 Whether costs should be awarded on the indemnity basis
  3. 3 Whether the claimant is entitled to costs out of the estate

Ratio Decidendi

The first defendant had no reasonable basis to suspect the 2014 will was invalid and no reason to investigate; her conduct was grossly unreasonable and outside the norm, justifying indemnity costs. The claimant is entitled to costs from the first defendant, assessed on the indemnity basis, with payment on account and interest, and unrecovered costs to be paid out of the estate.

Court Disposition

Claimant awarded costs against first defendant on indemnity basis; payment on account ordered; interest awarded; unrecovered costs to be paid out of estate.

Orders

  • First defendant to pay claimant's costs on indemnity basis, subject to detailed assessment if not agreed.
  • First defendant to pay £109,000 on account of costs by 4 PM on 17 November 2025.