Trust And Probate Claims: Counting the cost

New Square Chambers | Trusts and Estates Law & Tax Journal | December 2014 #162
Alexander Learmonth examines the effect of the Supreme Court’s decision on the costs of the claim for rectification of a will in Marley v Rawlings [2014] ‘When advising clients contemplating the risks of litigation, litigators should continue to adopt a cautious approach; clients must be ready to negotiate in good faith, rather than relying on …

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Executor’s Costs: Neutrality is key

Penningtons Manches Cooper LLP | Trusts and Estates Law & Tax Journal | September 2013 #149
Sian Hodgson gives the lowdown on executor’s costs in litigation, with reference to the recent case of Taylor v Saunders ‘An executor who has been involved in the preparation and execution of a will, in which he is also appointed executor, may naturally wish to “defend” that will’ The issue of an executor’s costs in …

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Probate: Executors beware

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | November 2011 #131
Grant Crawford analyses Shovelar v Lane, which provides a salutary lesson for executors confronted with hostile proceedings ‘The fact that a party will be financially worse off by accepting a Part 36 offer cannot mean that it would be unjust to apply the penalties set out in that rule; it will almost invariably be the …

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Opinion: Talking heads

Boodle Hatfield LLP | Trusts and Estates Law & Tax Journal | September 2011 #129
Sofie Hoffman argues for a flexible model of mediation to avoid costly litigation ‘For many clients, mediation, while not suitable for all cases, can often provide a more satisfactory outcome than a trial in both financial and emotional terms.’The following phrase was recently uttered: ‘once we start irreparable damage may be done’. Not the words …

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