National Westminster Bank v Lucas [2014] EWCA Civ 1632

Wills & Trusts Law Reports | May 2015 #149

Jimmy Savile died in October 2011. His will dated 24 July 2006 named NatWest as his executor and left the residue of his estate to the Jimmy Savile Charitable Trust (the trust) which he had created in 1984. Probate was obtained on 8 March 2012 with a net estate of £4.3m. The bank placed s27 Trustee Act adverts on 5 January 2012.

Following an ITV programme broadcast on 4 October 2012 accusing Mr Savile of being a serial sex offender, NatWest began to receive letters from potential claimants seeking compensation from the estate. NatWest quickly appreciated that the estate c...

Trust And Probate Claims: Counting the cost

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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Green v Astor & ors [2013] EWHC 1857 (Ch)

Wills & Trusts Law Reports | November 2013 #134

The judgment concerned the costs of an application by the administratrix of the aforesaid estate (the Maitland Estate) pursuant to CPR, Part 64.2(a). Apart from two charities, there were six beneficiaries of the residuary estate under the will of the deceased. The first defendant, a beneficiary and formerly an executor, was the only of the defendants to oppose the application. The parties’ overall legal costs incurred up to and including the hearing were over £900,000, a staggering figure for an application of this kind, especially where the aspect of the estate in issue was worth ...