Peter Ian Brealey v Shepherd & Co Solicitors

Peter Ian Brealey v Shepherd & Co Solicitors

Section 29(2) of the Trustee Act 2000 requires the written agreement of all executors, not just those who are active, for a professional executor to be remunerated. In the absence of such agreement and without sufficient evidence to justify the exercise of the court's inherent jurisdiction, the court will not permit remuneration for the executor's services.

Parties
Claimant/respondent: Peter Ian Brealey; Defendants/appellants: Shepherd & Co Solicitors
Jurisdiction
England and Wales
Judgment Date
26 March 2024
Procedural Posture
Civil Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Executor Remuneration, Trustee Act 2000 Section 29, Inherent Jurisdiction of Court, Solicitors Act 1974 Section 71(3), Charging Clauses in Wills
Trusts and Estates Civil Procedure Executor Remuneration Trustee Act 2000 Section 29 Inherent Jurisdiction of Court Solicitors Act 1974 Section 71(3) Charging Clauses in Wills

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Parties

Peter Ian Brealey

Claimant/respondent

Shepherd & Co Solicitors

Defendants/appellants

Procedural Posture

Civil Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a professional executor can charge for services absent a charging clause in the will and without written agreement of all executors under Trustee Act 2000 section 29(2)
  2. 2 Whether the court should exercise its inherent jurisdiction to permit remuneration in the absence of such agreement

Ratio Decidendi

Section 29(2) of the Trustee Act 2000 requires the written agreement of all executors, not just those who are active, for a professional executor to be remunerated. In the absence of such agreement and without sufficient evidence to justify the exercise of the court's inherent jurisdiction, the court will not permit remuneration for the executor's services.

Court Disposition

Appeal dismissed

Orders

  • No order permitting remuneration for Mr Shepherd as executor
  • Costs Judge's decision affirmed