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18 October 2024 / Chris Bryden , Ben Haseldine
Issue: 8090 / Categories: Features , Wills & Probate , Costs , In Court
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Probate: who pays the bill?

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A recent judgment gave much-needed clarification on costs in probate cases, write Chris Bryden & Ben Haseldine
  • Briefly sets out the facts of Leonard v Leonard, and examines the dispute between the parties over costs.
  • Discusses the common law exceptions to the general rule, and sets out important points from the Leonard judgment, as well as the details of the Part 36 offer that had been made by the claimants.

In the recent case of Leonard v Leonard [2024] EWHC 979 (Ch), Mrs Justice Joanna Smith has provided useful guidance in respect of the rules relating to costs in probate cases. This article will explore that guidance.

The substantive claim

The claimants were the biological children of the deceased, Jack. The defendants were the deceased’s second wife, stepchildren, and step-grandchildren. The deceased made a will in 2007 and a later will in 2015. At the time that the later will was prepared, it was accepted by all parties that Jack had been suffering from dementia.

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