Aslam v Seeley & Anor [2025] EWHC 24 (Ch) (10 January 2025)

Aslam v Seeley & Anor [2025] EWHC 24 (Ch) (10 January 2025)

Costs of both claimant and second defendant are to be paid out of the estate, as proceedings were brought for estate's benefit and no unreasonable conduct by claimant or first defendant justified personal costs order; claimant's costs assessed at £25,000, second defendant's at £7,200, both inclusive of VAT.

Citation
[2025] EWHC 24 (Ch)
Parties
Claimant: Nasloom Aslam; First Defendant: Maria Seeley; Second Defendant: Sonal Madan
Jurisdiction
England and Wales
Judgment Date
10 January 2025
Procedural Posture
Removal of Personal Representative (probate) / Costs Judgment Following Removal Order
Outcome
Costs judgment; costs assessed and ordered.
Legal Topics
Removal of Executor, Costs in Probate Litigation, Mental Capacity, Beneficiary Conduct
Probate Trusts Property Removal of Executor Costs in Probate Litigation Mental Capacity Beneficiary Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nasloom Aslam

Claimant

Maria Seeley

First Defendant

Sonal Madan

Second Defendant

Procedural Posture

Removal of Personal Representative (probate) / Costs Judgment Following Removal Order

Legal Issues

  1. 1 Whether costs of removal proceedings should be paid from estate or by beneficiary
  2. 2 Whether conduct of beneficiary justifies personal costs order
  3. 3 Whether executor acted unreasonably or improperly

Ratio Decidendi

Costs of both claimant and second defendant are to be paid out of the estate, as proceedings were brought for estate's benefit and no unreasonable conduct by claimant or first defendant justified personal costs order; claimant's costs assessed at £25,000, second defendant's at £7,200, both inclusive of VAT.

Court Disposition

Costs judgment; costs assessed and ordered.

Orders

  • Claimant's costs of £25,000 inclusive of VAT to be paid from estate.
  • Second defendant's costs of £7,200 inclusive of VAT to be paid from estate.