Da Silva v Heselton & Ors [2021] EWHC 3079 (Ch) (17 November 2021)

Da Silva v Heselton & Ors [2021] EWHC 3079 (Ch) (17 November 2021)

An executor or trustee may only charge for work done in the administration of the estate if that work falls within the scope of their profession or business and would attract a usual professional fee; Mrs Heselton failed to demonstrate this, so she is not entitled to charge the estate.

Citation
[2021] EWHC 3079 (Ch)
Parties
Claimant: Jacqueline da Silva; First Defendant / Appellant: Sandra Heselton; Second Defendant: Paul Armour; Second Defendant: Sarah Isaac Austrie; Third Defendant: Jacqueline Boland; Fourth Defendant / Respondent: Peter Brunton; Fifth Defendant: Rita Boland
Jurisdiction
England and Wales
Judgment Date
17 November 2021
Procedural Posture
Appeal / Judgment on Appeal From Deputy Master Lloyd
Outcome
Appeal dismissed
Legal Topics
Executor Remuneration, Interpretation of Charging Clauses, Construction of Wills
Trusts and Probate Property Law Executor Remuneration Interpretation of Charging Clauses Construction of Wills

Case Brief

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Parties

Jacqueline da Silva

Claimant

Sandra Heselton

First Defendant / Appellant

Paul Armour

Second Defendant

Sarah Isaac Austrie

Second Defendant

Jacqueline Boland

Third Defendant

Peter Brunton

Fourth Defendant / Respondent

Rita Boland

Fifth Defendant

Procedural Posture

Appeal / Judgment on Appeal From Deputy Master Lloyd

Legal Issues

  1. 1 Whether an executor engaged in a profession or business unrelated to estate administration can rely on a professional charging clause to charge for time spent administering the estate

Ratio Decidendi

An executor or trustee may only charge for work done in the administration of the estate if that work falls within the scope of their profession or business and would attract a usual professional fee; Mrs Heselton failed to demonstrate this, so she is not entitled to charge the estate.

Court Disposition

Appeal dismissed

Orders

  • Mrs Heselton is not entitled to charge the estate for her time as executor under the charging clause in the Will.