header-logo header-logo

16 May 2019 / Michael Ashdown
Issue: 7840 / Categories: Features , Wills & Probate , Costs
printer mail-detail

Disorder & a delayed discovery

The late emergence of a will won’t trump the costs consequences of inactivity & non co-operation, as Michael Ashdown explains

  • If litigation over a deceased’s estate is caused by the poor state in which the deceased’s papers were left, the parties’ costs should be borne by the estate.

The recent case of Gaskin v Chorus Law Ltd and another [2019] EWHC 616 (Ch) is important in terms of how to deal with the costs implications of the late discovery of a will which affects ongoing proceedings.

The deceased died in June 2012. She was apparently intestate and left a residential property worth £320,000 and about £70,000 in bank and building society accounts and shares. A few months later, the claimant son of the deceased and the second defendant, who was the deceased’s daughter, instructed the first defendant probate company as personal representative of the deceased’s estate. The second defendant executed a power of attorney in favour of the first defendant, which obtained letters of administration expressed to be for the second defendant’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll