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Da Silva (respondent) v Heselton (appellant) & ors

Thursday 16 June 2022

This is a second appeal.  The Appellant appeals the order of Judge Rees QC, sitting as a Deputy High Court Judge, dated 26 November 2021, whereby he ordered that the Applicant was not entitled to charge for her time expended pursuant to her duties as executor for the estate of Gladys Townsend for the relevant period and made consequential costs orders.

Judge Rees QC dismissed an appeal from the earlier order of Deputy Master Stephen Lloyd dated 28 August 2019. The proceedings concerned the estate of Gladys Dulcie Townsend (‘the Deceased’). The Applicant was appointed one of the executors of the estate, with one other.  A claim was brought for the removal of the Applicant as executor and associated relief and, by order dated 2 June 2016, the Respondent was appointed as substitute personal representative. The Respondent disputed the Applicant’s charges for remuneration in the sum of £43,350 for the period 2003 to 2016. The key issue relates to the construction of the trustee remuneration provision in the Deceased’s will.

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