Shepherd & Co Solicitors v Peter Ian Brealey

Shepherd & Co Solicitors v Peter Ian Brealey

Shepherd & Co is not entitled to recover fees for Mr Shepherd's work as executor because the will contained no charging clause, section 29 Trustee Act 2000 was not satisfied due to lack of written agreement from all executors (including Mr Smyth), and the court's inherent jurisdiction (Boardman jurisdiction) should...

Source-derived case information.

Parties
Appellant: Shepherd & Co Solicitors; Respondent: Mr Peter Ian Brealey
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Executor Remuneration, Third Party Costs Assessment, Inherent Jurisdiction, Trustee Act 2000, Solicitors Act 1974
Probate Trusts Costs Executor Remuneration Third Party Costs Assessment Inherent Jurisdiction Trustee Act 2000 Solicitors Act 1974

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Parties

Shepherd & Co Solicitors

Appellant

Mr Peter Ian Brealey

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Shepherd & Co is entitled to recover fees for Mr Shepherd's work as executor absent a charging clause in the will
  2. 2 Whether section 29 of the Trustee Act 2000 authorises payment for executor's services with written agreement of all executors
  3. 3 Whether the court's inherent (Boardman) jurisdiction should permit recovery of executor fees in absence of charging clause or written agreement

Ratio Decidendi

Shepherd & Co is not entitled to recover fees for Mr Shepherd's work as executor because the will contained no charging clause, section 29 Trustee Act 2000 was not satisfied due to lack of written agreement from all executors (including Mr Smyth), and the court's inherent jurisdiction (Boardman jurisdiction) should only be exercised in exceptional circumstances, which were not established by evidence in this case.

Court Disposition

appeal dismissed

Orders

  • Case remitted to Master Rowley for further detailed assessment of costs to identify fees for Mr Shepherd's executor services