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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Mussell & Anor v Patience & Anor [2018] EWHC 430 (Ch) (08 March 2018) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2018/430.html Cite as: [2018] 2 Costs LO 239, [2018] EWHC 430 (Ch), [2018] WTLR 579, [2018] 4 WLR 57, [2018] WLR(D) 159 |
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CHANCERY DIVISION
BRISTOL DISTRICT REGISTRY
2 Redcliff Street, Bristol, BS1 6GR |
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B e f o r e :
(sitting as a Judge of the High Court)
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(1) Anita Doreen Mussell (2) David Keith Williams |
Claimants |
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- and - |
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(1) Christopher Edward Keith Patience (2) Veronica Lesley Patience |
Defendants |
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Steven Ball (instructed by Clarke Willmott LLP) for the Defendants
Hearing dates: 19 December 2017
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Crown Copyright ©
HHJ Paul Matthews :
"the settled rule that whatever a trustee or representative has expended in the fair execution of his trust may be allowed him in passing his accounts."
For this proposition, are cited several authorities, including Daniell's Chancery Practice, a well-known repository of chancery learning and practice. They also say, at [63-27]:
"The rule is that a representative is entitled to be allowed all expenses that have been properly incurred by him in the conduct of his office, except those that arise from his own default."
This is based on caselaw, as codified now by s 31(1) of the Trustee Act 2000, applied to personal representatives by s 35 of that Act.