Mussell & Anor v Patience & Anor

Mussell & Anor v Patience & Anor

The executor is only required to provide basic information contained in the solicitors’ invoice to support an entry in the estate accounts, showing that the charges are professional charges to the executor, as executor, in relation to the administration of the estate. Detailed breakdowns such as hours worked or hourly rates are not required. The executor must show that the sum was spent and that it was spent in the fair execution of the estate administration; beneficiaries may rebut this inference with evidence.

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 / Ruling During Trial on Legal Test for Executor's Account Entries
Outcome
Ruling on legal test for executor's account entries; no final determination of the substantive dispute.
Legal Topics
Executor's Accounts, Solicitors' Costs, Beneficiaries' Objections, Just Allowances
Probate Trusts Estate Administration Executor's Accounts Solicitors' Costs Beneficiaries' Objections Just Allowances

Case Brief

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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 / Ruling During Trial on Legal Test for Executor's Account Entries

Legal Issues

  1. 1 What is the legal test for challenging an entry in an executor’s account?
  2. 2 What information must an executor provide to justify expenses in estate accounts?

Ratio Decidendi

The executor is only required to provide basic information contained in the solicitors’ invoice to support an entry in the estate accounts, showing that the charges are professional charges to the executor, as executor, in relation to the administration of the estate. Detailed breakdowns such as hours worked or hourly rates are not required. The executor must show that the sum was spent and that it was spent in the fair execution of the estate administration; beneficiaries may rebut this inference with evidence.

Court Disposition

Ruling on legal test for executor's account entries; no final determination of the substantive dispute.

Orders

  • Parties to apply the test to the objections; defendants to set out objections by 19 March 2018; claimants to reply by 26 March 2018; judge will consider and render written decision or restore for further hearing.