Brown v Sandhurst Trustees Ltd (No 2)

The case of Brown v Sandhurst Trustees Ltd (No 2) involved a dispute regarding the revocation of probate on the basis of the deceased's lack of testamentary capacity. The deceased had executed a will which was later challenged by the applicant, leading to a successful application for revocation. The court was required to determine whether costs should follow the event and whether the conduct of the professional trustee and executor during the making of the will and throughout the proceedings should be taken into account.

The legal issues before the court included the principles governing the allocation of costs in such cases and the relevance of the conduct of the parties involved. Specifically, the court needed to assess whether the executor's and trustee's actions warranted an order for costs to follow the event, considering the circumstances surrounding the making of the will and their conduct during the proceedings.

The court considered the conduct of the executor and trustee, particularly in light of their professional roles and responsibilities. It was noted that the executor had acted without independent legal advice and had influenced the deceased's decision-making process. The trustee, on the other hand, had failed to adequately discharge their duties and had acted in a manner that was not in the best interests of the estate. The court held that the conduct of both the executor and trustee warranted an order for costs to follow the event. It was determined that their actions contributed to the need for the revocation of probate, and thus, they should bear the costs of the proceedings.

The final orders included an order for costs to follow the event, with the executor and trustee jointly and severally liable for the costs of the proceedings. The court's decision underscored the importance of professional conduct and the need for executors and trustees to act in the best interests of the estate and beneficiaries.