Who is liable for beneficiaries legal fees

We act for an executor who has a difficult relationship with the other residuary beneficiaries of an estate. They came to us making certain allegations against the executor and asking our advice. I told them to seek independent legal advice which they have done. The solicitor acting for them is now saying that they expect their fees to be discharged from the estate funds. Is this the estates liability to pay?

Thanks

Gemma Van Duke
Bishopsgate Law

No!

But if there is any substance to their complaints and the solicitors’ intervention assists their resolution there may be a case for making a contribution out of the estate as part of an overall settlement. On the other hand if the intervention is not justified (and an upfront demand for costs doesn’t give me confidence) the beneficiaries should bear their own costs.

Tim Gibbons

2 Likes

Thanks for your response.

They got legal advice as to their position under the Will and the application of a clause (which we did not dispute). The solicitor now liaises with us on their behalf, even though we have previously dealt with the beneficiaries directly and have no issue doing so in updating them generally on the administration progress. We just could not advise them on their position as beneficiaries as it was a conflict.

Gemma Van Duke
Bishopsgate Law