The New Change
The Court of Appeal in Kenig v Thompson Snell & Passmore LLP has now decided that third parties (such as beneficiaries) are entitled to challenge the reasonableness of fees which have been approved by executors.
This is in contrast with the previous position as set out in Time Martin Interiors Ltd v Akin Gump LLP, in which it was held that third parties are not entitled to challenge the reasonableness of the approved solicitors’ bills.
What Does this Mean
This judgment is likely to be welcomed by beneficiaries who may have felt “stuck” with solicitors’ bills which have been approved by their executors in the past. Conversely, this judgment is now likely to create additional obligations to executors to scrutinise solicitors’ bills to avoid any challenges from being brought.
How Can we Help
At Wollens, our experienced and highly skilled family law specialists can support and guide you depending on your circumstances. We aim to help you achieve the right outcome for you and your family that allows you to move on as quickly as possible.
Contact Charlotte McGregor
- Partner – Head of Private Client Department
- [email protected]
- 01392 274006
