header-logo header-logo

18 October 2024 / Chris Bryden , Ben Haseldine
Issue: 8090 / Categories: Features , Wills & Probate , Costs , In Court
printer mail-detail

Probate: who pays the bill?

193149
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.

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

back-to-top-scroll