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Brealey v Shepherd, 2021 EWHC B26 relates to whether a professional executor can charge fees for acting in the role of executor, as distinct from their firm's fees for administering the estate (and their own time spent as a solicitor on that file), and as distinct from litigation against a beneficiary disputing the executors decisions. Without an express charging clause, the executor who was a professional was only entitled to out-of-pocket expenses unless s.29 of the Trustee Act 2000 applied or the court could use its inherent jurisdiction, but both routes were denied by the Court. Court's inherent jurisdiction unavailable to allow professional executor's fees to be paid where no charging clause

Welcome to the Brealey Foster blog.  Client affairs are strictly confidential but I am happy here to deal with current matters and look back on

matters our Family office has been dealt with over the years and which are personal.  The current theme is Succession and the Duties and Liabilities of Trustees. 

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