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England and Wales Case Law

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Trusts and estates

William Francis Seymour v Ragley Trust Company Limited & Anor

This was a hostile beneficiaries' dispute in which the claimant's allegations of trustee misconduct were dismissed. The general rule applies: the unsuccessful claimant must pay the successful defendants' costs on the standard basis, with no sufficient reason to depart from this rule based on conduct or partial success. Trustees are entitled to indemnity from trust assets for any unrecovered costs.

Source excerpt

  • Costs orders
  • Trustee indemnity
  • Removal of trustees
  • Beneficiaries' disputes
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Trusts and estates [2026] EWHC 995 (Ch)

FMA v BBA & Anor

FMA v BBA & Anor [2026] EWHC 995 (Ch) (27 February 2026)

On costs after a compromised trust dispute, the High Court ordered FMA to pay BBA’s costs, refused FMA any trust indemnity, and declined indemnity costs.

  • Removal of trustee
  • Costs following compromise
  • Trustee indemnity
  • Bare trust for minor
  • Parental responsibility
  • Misappropriation allegations
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Trusts and estates [2026] EWHC 144 (Ch)

Smith & Ors v Campbell & Ors

Smith & Ors v Campbell & Ors [2026] EWHC 144 (Ch) (29 January 2026)

Post-trial costs ruling in trustee-removal litigation: no order as to costs, and the trustees remained entitled to indemnity from the trust assets.

  • Costs orders
  • Trustee indemnity
  • Removal of trustees
  • Alternative dispute resolution
  • Litigation conduct
  • Trustee-indemnity
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Probate

Louise Mary Harris & Anor v Neil Quantick & Anor

Costs decision in probate litigation over the removal of executors, with the court ordering D1 to pay most costs personally and limiting estate indemnity.

  • Removal of executors
  • Costs in probate litigation
  • Trustee indemnity
  • Beneficiaries dispute
  • Probate
  • Executor-removal
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Trusts and probate [2025] EWHC 3321 (Ch)

Shufflebotham & Anor v Shuff-Wentzel

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

Costs decision in probate litigation about replacing executors and trustees. The court held the claim was hostile litigation, ordered the claimants to pay costs, but allowed indemnity from the estate.

  • Costs in hostile litigation
  • Trustee indemnity
  • Removal of executors
  • Probate-costs
  • Trustee-indemnity
  • Hostile-litigation
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Trusts [2025] EWHC 3400 (Ch)

Seymour v Ragley Trust Company Ltd & Anor

Seymour v Ragley Trust Company Ltd & Anor [2025] EWHC 3400 (Ch) (04 November 2025)

Master Brightwell held this was a hostile beneficiaries’ dispute and ordered the claimant to pay the defendants’ costs on the standard basis, with payments on account.

  • Trustee removal
  • Costs in trust litigation
  • Beneficiaries' dispute
  • Trustee indemnity
  • Trusts
  • Trustee-removal
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Probate

Nasloom Aslam v Maria Seeley & Anor

The claimant was entitled to recover her costs of the removal application from the estate on the indemnity basis, as the proceedings were brought for the benefit of the estate and there was no improper or unreasonable conduct by the claimant. The first defendant's conduct, while problematic, did not justify a personal costs order against her. The second defendant was entitled to her costs up to June 2024 from the estate, but not for costs incurred thereafter in pursuing the first defendant personally.

Source excerpt

  • Removal of personal representative
  • Costs orders
  • Trustee indemnity
  • Conduct of beneficiaries
  • Mental capacity in litigation
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Trusts and estates [2025] EWHC 855 (Ch)

Hubbard & Anor v Hubbard & Anor

Hubbard & Anor v Hubbard & Anor [2025] EWHC 855 (Ch) (23 April 2025)

The court settled a trustees’ account for a family land trust, disallowing or reducing many unsupported expenses, valuing Robert’s Plot, and approving only a reduced allowance for Robert.

  • Trustee accounting
  • Beneficiaries' rights
  • Trust expenditure
  • Burden of proof in trust accounts
  • Trustee indemnity
  • Trustee liability
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.