Rosemary Shufflebotham & Anor v Susan Heather Shuff-Wentzel (Costs)

Rosemary Shufflebotham & Anor v Susan Heather Shuff-Wentzel (Costs)

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

Parties
Claimant: Rosemary Shufflebotham; Claimant: Gwyneth Milner; Defendant: Susan Heather Shuff-Wentzel
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Probate Application / Costs Judgment
Outcome
Claimants to pay Defendant’s costs of the application, jointly and severally, but entitled to call on their indemnity from the estate.
Legal Topics
Costs in Probate Litigation, Trustee Indemnity, Removal of Executors, Hostile Litigation
Probate Trusts Property Costs in Probate Litigation Trustee Indemnity Removal of Executors Hostile Litigation

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Parties

Rosemary Shufflebotham

Claimant

Gwyneth Milner

Claimant

Susan Heather Shuff-Wentzel

Defendant

Procedural Posture

Probate Application / Costs Judgment

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; therefore, the Defendant is entitled to a costs order against the Claimants personally. However, the Claimants acted honestly and reasonably, so their right to indemnity from the estate is not lost and they may recoup the Defendant’s costs from the estate.

Court Disposition

Claimants to pay Defendant’s costs of the application, jointly and severally, but entitled to call on their indemnity from the estate.

Orders

  • Claimants shall pay the Defendant’s costs of the application.
  • Claimants are jointly and severally liable for those costs.