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Contentious Probate Costs

Contentious Probate Costs

Postby blackbox2342 » Mon May 16, 2016 10:50 am

Good Morning All,

I have a query concerning the issue of Contentious Probate costs.

Here is the hypothetical situation.

A person (for arguments sake I will call this person the daughter of the Deceased) decides to the dispute the Deceased's Will.

The matter proceeds and eventually settles by way of a Consent Order with costs to be borne by the Deceased's Estate.

Now suppose that in the Will there were 4 beneficiaries. The Daughter in order to bring the claim makes an Application to name the Executor as the Defendant.

The Executor is appointed as the Defendant and throughout the claim has to seek instructions from each Beneficiary (as she has to remain neutral).

The final Consent Order only names the Claimant (the Daughter) and the Executor (the Defendant) as parties to the claim.

When serving the Bill of Costs does a copy need to be served upon the Beneficiaries? Whilst they are not named parties I understand that they could potentially be ' interested parties' given that costs are to be paid out of the Estate.

Does anyone have any experience with this or any guidance to which I could refer? I'm unsure as to the answer and am greatly appreciative to any help!
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Re: Contentious Probate Costs

Postby dls » Mon May 16, 2016 1:18 pm

I would expect (but only expect) that the executor has the reins and receives the bill. It would be for him to communicate wit the beneficiaries.

He decides on whether to sell a house and at what price without reference to them, why should this be different.
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Re: Contentious Probate Costs

Postby TimothyP » Wed May 18, 2016 11:09 am

CPR 47.19 and Practice Direction 18 govern detailed assessment procedure (“where costs are payable out of a fund other than the Community Legal Service Fund”).

CPR 47.19(3) provides that “The court may direct that the party seeking assessment serve a copy of the request on any person who has a financial interest in the outcome of the assessment.”
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Re: Contentious Probate Costs

Postby dls » Wed May 18, 2016 11:55 am

Thank you.
II assume that if the Court had made such a direction, the question would not have been posed.
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Re: Contentious Probate Costs

Postby atticus » Wed May 18, 2016 12:39 pm

The OP never opened my pm a few months ago with a pdf of the Brush case, so I deleted the pm.

I'm not sure he comes back that often after asking his questions.
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