Shufflebotham & Anor v Shuff-Wentzel [2025] EWHC 3321 (Ch) (17 December 2025)

Shufflebotham & Anor v Shuff-Wentzel [2025] EWHC 3321 (Ch) (17 December 2025)

The proceedings were hostile litigation closest to a beneficiaries dispute; Defendant is entitled to a costs order against the Claimants personally, but Claimants acted honestly and reasonably, so their right to indemnity from the estate is not lost.

Citation
[2025] EWHC 3321 (Ch)
Parties
Claimant: Rosemary Shufflebotham; Claimant: Gwyneth Milner; Defendant: Susan Heather Shuff-Wentzel
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Costs Determination in Probate Litigation / Post Judgment Costs Order
Outcome
Claimants to pay Defendant's costs of the application, jointly and severally, but entitled to recoup those costs from the estate via their indemnity.
Legal Topics
Costs in Hostile Litigation, Trustee Indemnity, Removal of Executors
Trusts and Probate Civil Procedure Costs in Hostile Litigation Trustee Indemnity Removal of Executors

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Parties

Rosemary Shufflebotham

Claimant

Gwyneth Milner

Claimant

Susan Heather Shuff-Wentzel

Defendant

Procedural Posture

Costs Determination in Probate Litigation / Post Judgment Costs Order

Legal Issues

  1. 1 Should the Claimants pay the Defendant's costs personally or should those costs be paid from the estate?
  2. 2 If the Claimants pay the Defendant's costs personally, can they recoup those costs from the estate via their indemnity as executors and trustees?

Ratio Decidendi

The proceedings were hostile litigation closest to a beneficiaries dispute; Defendant is entitled to a costs order against the Claimants personally, but Claimants acted honestly and reasonably, so their right to indemnity from the estate is not lost.

Court Disposition

Claimants to pay Defendant's costs of the application, jointly and severally, but entitled to recoup those costs from the estate via their indemnity.

Orders

  • Claimants to pay Defendant's costs of the application.
  • Claimants entitled to call on their indemnity from the estate for those costs.