- Court considers costs consequences of late discovery of will (Gaskin v Chorus Law Ltd and another)
- What are the practical implications of the decision?
- What was the background?
- What did the court decide?
Private Client analysis: Michael Ashdown, barrister at Wilberforce Chambers, examines the High Court’s decision in Gaskin v Chorus Law Ltd and another that the claimant son of the deceased was entitled to the costs he had incurred in bringing a claim for the removal of the first defendant probate company as personal representative of the deceased’s estate after no progress had been made in its administration. The court also ruled that, in the circumstances, he was entitled to the costs he subsequently incurred when a will was later discovered, even though he was not a beneficiary under that will and his claim was consequently dismissed.
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