In the case of Blades v Isaac & Alexander (2016) the High Court had to consider whether the trustees should personally pay the beneficiary's costs in relation to her claim against them for disclosure of trust information.
Where someone has died and they have failed to make adequate financial provision for certain relatives or dependants, the court has discretion to vary the distribution of the deceased's estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
In the recent case of Morris v Browne & another [2017] the court revoked a Grant of Letters of Administration and made an order for costs on the indemnity basis against the purported administrators.
Trustees risk facing costs orders in court proceedings in just the same way as any other party would.
The ministry of Justice has confirmed that it will go ahead with plans to substantially increase probate fees from may this year (the exact date is still to be confirmed).
Back in 2010 the government expressed its intention to increase the inheritance tax threshold to £1million. However, to date the nil rate band has remained frozen. After the last election the government instead decided to introduce a "main residence nil rate band".
Please contact our Disputed Wills and Trusts Team by telephone on freephone 0800 0931336, or by email at willdisputes@ashfords.co.uk for a no obligation chat to see how we can help you.
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