How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Judge Your Own Question

Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 8756
Experience:  Award winning lawyer with over 15 years experience
Type Your UK Law Question Here...
Thomas Judge is online now
A new question is answered every 9 seconds

I applied to court as there were very good grounds to have

Resolved Question:

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: 9 months ago.
Category: UK Law
Expert:  Thomas Judge replied 9 months 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 9 months 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 9 months 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: 8756
Experience: Award winning lawyer with over 15 years experience
Thomas Judge and 5 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice