Fiona Jane Burgess v Julie Elizabeth Whittle & Anor

Fiona Jane Burgess v Julie Elizabeth Whittle & Anor

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 and, for unrecovered costs, an indemnity out of the estate.

Parties
Claimant: Fiona Jane Burgess; First Defendant: Julie Elizabeth Whittle; Second Defendant: Robert Paul Rowell
Jurisdiction
England and Wales
Judgment Date
11 March 2025
Procedural Posture
Probate Claim / Judgment on Costs
Outcome
Claimant awarded costs against first defendant on indemnity basis; payment on account ordered; indemnity out of estate for unrecovered costs; interest awarded.
Legal Topics
Costs, Testamentary Capacity, Knowledge and Approval, Indemnity Costs, Estate Administration
Probate Civil Procedure Costs Testamentary Capacity Knowledge and Approval Indemnity Costs Estate Administration

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 in a probate claim
  2. 2 Whether costs should be awarded on the indemnity basis
  3. 3 Whether the claimant is entitled to an indemnity out of the estate for unrecovered costs

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 and, for unrecovered costs, an indemnity out of the estate.

Court Disposition

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

Orders

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