Probate costs: those who have shewn good cause?

5th July 2024

3PB Barristers’ (3 Paper Buildings) expert commercial, costs and property law barrister Cheryl JonesCheryl JonesCall: 1996 and pupil barrister Jack FelvusJack FelvusCall: 2022 have written on the relevance of Part 36 offers in the legal costs arising from probate litigation.

In the article, Cheryl and Jack look at the recent case of Leonard v Leonard [2024], which revolved around a dispute between the late Mr Leonard’s children from his first marriage and his second wife, and the overturning of a second Will which had been executed when Mr Leonard had late-stage dementia and thus his testamentary capacity came into question.

Cheryl and Jack analyse the principles concerning costs in probate proceedings and explore how important the rulings made in Leonard v Leonard could be for probate cases with a reliance on common law exceptions, especially those that have potential to demonstrate unjust consequences of Part 36.

To read Cheryl and Jack's full article, please click here.

To contact or instruct Cheryl Jones, please email David Fielder or telephone 020 7583 8055. To contact or instruct Jack Felvus, please email Abi Griffin or telephone 01202 292102.