Executors: When profession counts

Catherine Pugsley and Laura Southern report on executors’ misplaced reliance on charging clauses The issue of the case was whether an executor, who was involved in a profession or business which was ‘unrelated to the administration of trusts or estates’, could rely on the professional charging clause. It is generally held that the job of …
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Cases Referenced

  • Brealey v Shepherd & Co No. 2 [2021] EWHC B26 (Costs); [2021] WTLR 27 (SCCO)
  • Da Silva v Heselton & ors (2019) unreported High Court Deputy Master Lloyd 28 August
  • Da Silva v Heselton & ors [2021] EWHC 3079 (Ch); [2022] WTLR 67 ChD
  • Re Orwell's Trust [1982] 1 WLR 1337