Truell & Anor v Zalinska

Truell & Anor v Zalinska

Mrs Hatchard must be joined as a defendant to allow her to argue liability for costs and damages incurred by the estate of the deceased executor, as exposure existed at the date of death regardless of subsequent events.

Parties
Claimant: Truell; Claimant: John Rayner Hatchard; Defendant: Zalinska; Defendant: Mrs Hatchard
Jurisdiction
England and Wales
Judgment Date
03 April 2026
Procedural Posture
Probate / Joinder of Party Following Strike Out
Outcome
Mrs Hatchard joined as defendant to proceedings.
Legal Topics
Executor Liability, Joinder of Parties, Undertaking in Damages, Costs Orders
Probate Trusts Civil Procedure Executor Liability Joinder of Parties Undertaking in Damages Costs Orders

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Parties

Truell

Claimant

John Rayner Hatchard

Claimant

Zalinska

Defendant

Mrs Hatchard

Defendant

Procedural Posture

Probate / Joinder of Party Following Strike Out

Legal Issues

  1. 1 Whether Mrs Hatchard should be joined as a defendant to proceedings for costs and damages against the estate of the deceased executor
  2. 2 Extent of liability of executors for costs and undertakings in damages after death

Ratio Decidendi

Mrs Hatchard must be joined as a defendant to allow her to argue liability for costs and damages incurred by the estate of the deceased executor, as exposure existed at the date of death regardless of subsequent events.

Court Disposition

Mrs Hatchard joined as defendant to proceedings.

Orders

  • Mrs Hatchard is joined as a defendant to the proceedings.