Joanna Claire Daley v Susan Amanda Hodges

Joanna Claire Daley v Susan Amanda Hodges

The claimant's conduct contributed to increased costs and complexity in the substituted personal representatives' application for directions. It is not fair or proper to divide costs evenly between beneficiaries. The claimant is ordered to bear 65% of the costs out of her share of the estate, and the defendant 35%,...

Source-derived case information.

Parties
Claimant: Joanna Claire Daley; Defendant: Susan Amanda Hodges
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate Dispute / Post Substituted Personal Representative Application, Costs Determination
Outcome
Costs apportioned between beneficiaries based on conduct; claimant to bear 65% and defendant 35% of costs out of their respective shares of the estate.
Legal Topics
Costs Orders, Beneficiary Conduct, Substituted Personal Representatives, Division of Estate Residue, Undue Influence, Double Portions Rule, Chattels Valuation
Probate Trusts Estate Administration Costs Orders Beneficiary Conduct Substituted Personal Representatives Division of Estate Residue Undue Influence +2 more

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Summary, issues, holding and outcome

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Parties

Joanna Claire Daley

Claimant

Susan Amanda Hodges

Defendant

Procedural Posture

Probate Dispute / Post Substituted Personal Representative Application, Costs Determination

Legal Issues

  1. 1 Whether costs incurred by substituted personal representatives should be apportioned between beneficiaries based on conduct
  2. 2 Whether the claimant's conduct increased costs and should result in a greater share of costs borne by her
  3. 3 Appropriate division of costs between claimant and defendant

Ratio Decidendi

The claimant's conduct contributed to increased costs and complexity in the substituted personal representatives' application for directions. It is not fair or proper to divide costs evenly between beneficiaries. The claimant is ordered to bear 65% of the costs out of her share of the estate, and the defendant 35%, reflecting their respective contributions to the proceedings and conduct.

Court Disposition

Costs apportioned between beneficiaries based on conduct; claimant to bear 65% and defendant 35% of costs out of their respective shares of the estate.

Orders

  • Claimant to pay £35,936 out of her share of the estate towards costs.
  • Defendant to pay £19,350 out of her share of the estate towards costs.