Mussell & Anor v Patience & Anor [2018] EWHC 430 (Ch) (08 March 2018)

Mussell & Anor v Patience & Anor [2018] EWHC 430 (Ch) (08 March 2018)

An executor, when accounting to beneficiaries, need only provide basic information (voucher) showing that the sum was spent on proper estate business as executor; detailed breakdown of solicitors' charges is not required unless beneficiaries adduce evidence to the contrary. The court is not conducting a detailed...

Source-derived case information.

Citation
[2018] EWHC 430 (Ch)
Parties
Claimant: Anita Doreen Mussell; Claimant: David Keith Williams; Defendant: Christopher Edward Keith Patience; Defendant: Veronica Lesley Patience
Jurisdiction
England and Wales
Judgment Date
08 March 2018
Procedural Posture
Part 8 Claim (chancery, Probate) / Interlocutory Ruling During Trial on Legal Test for Challenging Executor's Accounts
Outcome
Legal test for challenging executor's accounts determined; parties directed to apply test to outstanding objections.
Legal Topics
Executor's Accounts, Estate Administration, Solicitors' Costs, Beneficiaries' Objections, Vouching of Expenses
Probate Trusts and Estates Executor's Accounts Estate Administration Solicitors' Costs Beneficiaries' Objections Vouching of Expenses

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Parties

Anita Doreen Mussell

Claimant

David Keith Williams

Claimant

Christopher Edward Keith Patience

Defendant

Veronica Lesley Patience

Defendant

Procedural Posture

Part 8 Claim (chancery, Probate) / Interlocutory Ruling During Trial on Legal Test for Challenging Executor's Accounts

Legal Issues

  1. 1 What is the legal test for challenging entries in an executor's estate accounts?
  2. 2 What information must an executor provide to beneficiaries to justify legal expenses?
  3. 3 Is detailed assessment of solicitors' costs required before inclusion in estate accounts?

Ratio Decidendi

An executor, when accounting to beneficiaries, need only provide basic information (voucher) showing that the sum was spent on proper estate business as executor; detailed breakdown of solicitors' charges is not required unless beneficiaries adduce evidence to the contrary. The court is not conducting a detailed assessment of legal costs at this stage.

Court Disposition

Legal test for challenging executor's accounts determined; parties directed to apply test to outstanding objections.

Orders

  • Defendants to set out in writing any objections to the accounts by 19 March 2018.
  • Claimants to reply to objections by 26 March 2018.