Richefond & Ors v Dillon & Ors [2023] EWHC 2796 (Ch) (10 November 2023)

Richefond & Ors v Dillon & Ors [2023] EWHC 2796 (Ch) (10 November 2023)

Neither exception to the usual costs rules applies; claimants were not justified in seeking indemnity from the estate as they acted for the benefit of one of their number, not neutrally for the estate. Each party bears its own costs, but the Grizzle Children's costs are to be paid out of residue before division to avoid a windfall to other residuary beneficiaries.

Citation
[2023] EWHC 2796 (Ch)
Parties
Claimant: Theodora Richefond; Claimant: Lee Peter Richefond; Claimant: Lucia Theresa Phillips; Defendant: Hope Dillon; Defendant: Jo-Ann Morris; Defendant: Leonard Grizzle; Defendant: Kym Lucia Richefond; Defendant: Gary Richefond
Jurisdiction
England and Wales
Judgment Date
10 November 2023
Procedural Posture
Probate Claim / Post Judgment, Costs Determination
Outcome
Each party to bear its own costs; Grizzle Children's costs to be paid out of residue before division; claimants not entitled to indemnity from the estate.
Legal Topics
Costs in Probate Litigation, Validity of Wills, Intestacy, Executor Duties
Probate Trusts and Estates Civil Procedure Costs in Probate Litigation Validity of Wills Intestacy Executor Duties

Case Brief

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Parties

Theodora Richefond

Claimant

Lee Peter Richefond

Claimant

Lucia Theresa Phillips

Claimant

Hope Dillon

Defendant

Jo-Ann Morris

Defendant

Leonard Grizzle

Defendant

Kym Lucia Richefond

Defendant

Gary Richefond

Defendant

Procedural Posture

Probate Claim / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether the claimants are entitled to indemnity for costs from the estate
  2. 2 Whether exceptions to the usual costs rules in probate cases apply
  3. 3 How costs should be apportioned given partial success of parties

Ratio Decidendi

Neither exception to the usual costs rules applies; claimants were not justified in seeking indemnity from the estate as they acted for the benefit of one of their number, not neutrally for the estate. Each party bears its own costs, but the Grizzle Children's costs are to be paid out of residue before division to avoid a windfall to other residuary beneficiaries.

Court Disposition

Each party to bear its own costs; Grizzle Children's costs to be paid out of residue before division; claimants not entitled to indemnity from the estate.

Orders

  • No order as to costs between claimants and Grizzle Children.
  • Claimants not entitled to indemnity from the estate for their costs.