Jacqueline da Silva v Sandra Heselton & Ors.

Jacqueline da Silva v Sandra Heselton & Ors.

A trustee or executor can rely upon the charging clause in the will to charge for work done or time spent in the administration of the estate only if that work falls within the scope of their profession or business in question; that is, if it is work of a type which would attract or incur their usual professional fees.

Parties
Claimant: Jacqueline Da Silva; Appellant: Sandra Heselton; Respondent: Paul Armour; Respondent: Sarah Isaac Austrie; Defendant: Jacqueline Boland; Respondent: Peter Brunton; Defendant: Rita Boland
Jurisdiction
England and Wales
Judgment Date
30 June 2022
Procedural Posture
Civil Appeal / Second Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Executor Remuneration, Charging Clause Interpretation, Will Construction
Probate Trusts Property Executor Remuneration Charging Clause Interpretation Will Construction

Case Brief

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Parties

Jacqueline Da Silva

Claimant

Sandra Heselton

Appellant

Paul Armour

Respondent

Sarah Isaac Austrie

Respondent

Jacqueline Boland

Defendant

Peter Brunton

Respondent

Rita Boland

Defendant

Procedural Posture

Civil Appeal / Second Appeal From High Court Decision

Legal Issues

  1. 1 Whether a charging clause in a will permits an executor engaged in any profession or business to charge for all work done or only for work done within the scope of their profession or business

Ratio Decidendi

A trustee or executor can rely upon the charging clause in the will to charge for work done or time spent in the administration of the estate only if that work falls within the scope of their profession or business in question; that is, if it is work of a type which would attract or incur their usual professional fees.

Court Disposition

Appeal dismissed

Orders

  • Mrs Heselton not entitled to charge the estate for her time expended as executor between 1 July 2003 and 17 June 2016.
  • Standing monthly administration charge of £300 disallowed.