Baston v Osment & Fox & others [2021]

Natasha Dzameh successfully represented a claimant who had applied for removal of a lay executor and a professional executor, the estate not having been administered for circa 6 years. The application was opposed by the lay executor whilst the professional executor claimed to be neutral. The estate was administered  in the 2 years between issue of the claim and the final hearing resulting in the substantive dispute being one of costs. The main issues were whether: the claimant had in effect discontinued her claim; the claimant was entitled to her costs from the personal representatives or the estate; the professional executor was responsible for the lay executor’s costs; and the executors were entitled to be indemnified from the estate.

The executors were ordered to pay the claimant’s costs and were denied the indemnity under CPR 46.3.