Probate: Breaking the deadlock

John Dickinson considers how the High Court approves expenses in estate accounts ‘The court pointed out that it would be wasteful if, in every case, for their own protection, the personal representatives were to be obliged to engage the costs assessment system before being able to enter the sum concerned in their estate accounts for …
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Mussell v Patience [2018] WTLR 579

Wills & Trusts Law Reports | Summer 2018 #172

The judgment in this matter focused on the correct test that the court should apply when deciding whether to strike an entry from an account.


The claimant executors sought:


(1) a declaration that final estate accounts were in order; and


(2) directions to administer the estate accordingly.


The defendants raised objections to the accounts prepared by the executors, and in particular objected to 26 entries relating to legal services. The defendants asserted that, as beneficiaries, they had a right to assess whether such legal charges were re...