May a law firm charge for a partner acting as an executor?
Brealey v Shepherd and Co Solicitors [2024] EWCA Civ 303
The Court of Appeal confirmed that a law firm was not entitled to be paid for a partner acting as an executor of an estate in the absence of a charging clause in the will. The Trustee Act 2000 Part V section 29(2) required the consent of all the current executors, which had not been given. The costs judge had been right to decline to exercise the court’s inherent jurisdiction to permit recovery of fees when the solicitors firm had failed to file any evidence in support of its application for fees to be paid.
Judgement dated 26th March 2024
Contact Us
For more information about our members and services please contact us.
Our telephone number in Southampton United Kingdom is +44 (0) 2381 511511.
For clients wishing to have a conference in London United Kingdom then please dial the London UK appointments number of +44 (0)203 407 0047.
Alternatively, you may email practicemanager@tennysonchambers.com.