Cover - Annual Review 2021.jpg

Re FT [2015] EWCOP 49, [2015] MHLO 120

"This is an application for reconsideration of an order made by an authorised court officer appointing two of FT's daughters as his deputies for property and affairs. ... In my judgment, the factor of magnetic importance in this case is that FT named MA and PB to be the executors of his last will ... Accordingly, pursuant to rule 89(5), I affirm the order made on 2 September 2014 appointing the respondents [MA and PB] jointly and severally to act as FT's deputies for property and affairs. ... Costs ... I am singularly unimpressed with the applicants' conduct. Having made the application, they failed to follow it through. ... This is a case in which a departure from the general rule is justified. ... [T]he fact that [DC's] husband is in receipt of ESA and that she has claimed an exemption from the fees, doesn't grant her immunity from an order for costs being made against her. I intend to make an order that the costs are to be assessed on the standard basis and paid by DC, ST and TT in equal shares, and that the deputies are authorised to make an interest-free loan to the applicants from KT's funds to pay the costs, and that the loan will be repayable by the applicants from their respective shares of FT's estate on his death."

External link