Kaplan and Another v Leibbrandt and Another
Kaplan and Another v Leibbrandt and Another (Civil Case No. 82 of 1941 consolidated with Civil Case .No. 84' of 1941,) [1942] EACA 9 (1 January 1942)
Clause 5 of the testator's will, though abbreviated, is materially similar to the clause in re Fish Bennett v. Bennett (1893) 2 Ch. 413, and expressly authorizes the solicitor trustee to charge for professional and non-professional acts, including those which a trustee could have done personally. The Registrar's limitation of allowable costs to professional charges only was incorrect. The court distinguishes Chalinder v. Herington (1907) 1 Ch. 58, noting that the present clause contains the necessary words to permit such charges. The matter is referred back to the Registrar for reconsideratio…
Source excerpt
- Trustee Costs
- Solicitor Trustee Charges
- Probate Administration
- Will Construction