Da Silva v Heselton & ors [2022] WTLR 1229

Wills & Trusts Law Reports | Winter 2022 #189

The will of the late Gladys Townsend contained at clause 11 a charging clause, the relevant part of which was couched in the following words:

‘MY TRUSTEES shall have the following powers in addition to their powers under the general law or under any other provisions of this Will or any Codicil hereto… (g) for any of my Trustees who shall be engaged in any profession or business [to] charge and be paid (in priority to all other dispositions herein) all usual professional and other fees and to retain any brokerage or commission for work or business introduced transacted ...

Da Silva v Heselton & ors [2022] WTLR 67

Wills & Trusts Law Reports | Spring 2022 #186

The first defendant was an executor and trustee of the will dated 28 June 2001 (the will) of Gladys Dulcie Townsend (the deceased), who died on 1 July 2003 leaving property both in England and Wales and in Dominica. Probate of the will was granted to the first defendant and a solicitor out of the Winchester Probate Registry on 2 December 2004. The claimant, who was a residuary beneficiary under the will, brought a claim seeking the removal and replacement of the executors in December 2015. An order removing the first defendant by consent was made on 2 June 2016. The first defendant, who ...