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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32441
Experience:  Award winning lawyer with over 15 years experience
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I applied to court as there were very good grounds to have

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I applied to court as there were very good grounds to have my co executor removed. In the event costs on a standard basis were ordered against me because both me and my co executor were removed so technically I lost. Both me and the former co executor are the only beneficiaries of my dads will.
Both us beneficiaries agreed on a new executor (who is a solicitor) to act on behalf of the estate
So costs were awarded against me personally on the standard basis - not the estate. Now though , the former co executor/joint beneficiary has instructed his solicitor to write to the new executor demanding that the court costs are deducted from my share of the estate and paid to the former executor.
What these solicitors have failed to tell the new executor is that the costs have not been agreed and a costs draftsman served a bill of costs on me: I provided points of dispute with a much lower offer (one of the reasons being that the solicitors of the former co executor/beneficiary that his wife had jointly instructed those solicitors and so 50%of the costs are hers as I did not take her to court) the solicitors sent replies to the points of dispute and disagreed my offer and offered to deduct £800 from the costs. They said if I did not agree they would proceed to a hearing. It is now 4 weeks since the 3 month deadline (from date of replies to points of dispute was served) and they still haven't applied for the hearing. Instead they are choosing to try and bully the new executor into handing over £26,000 without it being agreed or going to hearing. Apart from all this the former co executors solicitors are demanding the estate pays for their work related to them trying to get the costs via the new executor but I cannot agree to this. I believe that it is not the new executors role to pay off my not yet agreed debt of costs from my share of the proceeds from dad's very modest home as this matter has nothing to do with administration of the estate and so nothing to do with the new executor.
Please advise if this is the case, what are the consequences of filing for an assessment hearing a month late and whether these current costs incurred (I think unnecessary costs) the former co executor/ beneficiary in seeking to get the new executor to pay my personal debts should be borne by him personally.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.
Thanks for your question. Please remember to RATE once you get my answer.

If they apply late there are not significant sanctions from the court I am afraid - the court will basically say that they are not entitled potentially to interest on the delay. I agree that the costs should be borne by the new executor - it is not their issue to determine the costs unless the court has ordered them to do so.
Customer: replied 2 years ago.
Thanks so far but I am not clear about your answer please clarify the following
1. Costs were awarded against me on the standard basis so this is a personal debt of mine - not the estates. The costs issue is going through a detailed assesment; costs have not been agreed so I await a taxation hearing. I am not in agreement for the newly appointed executor to pay my costs from my share of my inheritance as this is a personal debt and nothing to do with the estate. Surely an executor cannot pay off my personal debts and surely he should only be paying off the estates debts and not the beneficiaries debts. Please advise.
2. The other beneficiary has instructed his own person solicitor to try and recoup the court costs from the new executor (an executor he jointly instructed to act on behalf of the estate with me) surely then the other beneficiary should have to oat his own solicitors fees for instructing them to do this task and not be claiming the feed of his own personal solicitor from the estate . Please advise. Thanks in advance.
Expert:  Thomas Judge replied 2 years ago.
Let me try and make my answer a little clearer -

1. As the debt it yours then the new executor should not be getting involved in any part of this debt. It is not for him to agree a figure or even enter into any correspondence with the other side on the matter. It is outside his remit and the estate should not be paying his costs with respect to same.

2. The same applies with the other beneficiary - these are matters outside the remit of the estate and as such the costs will not and do not fall to the estate.

I hope that this clears matters up for you
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32441
Experience: Award winning lawyer with over 15 years experience
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