Mussell v Patience [2018] 4 WLR 57

John Dickinson

12 December 2018

His Honour Judge Paul Matthews, sitting as a judge of the High Court, handed down judgment on 8 March 2018 in the Chancery Division of the Bristol District Registry. The court ruled on an issue that arose in the trial of the personal representative claimants’ claim to have an estate administered, where there had been a position of deadlock arising from two of the beneficiaries refusing to approve the draft Estate Accounts.

The court held that in relation to accounting to his or her beneficiaries for what he has done with the estate, an executor has only to show (1) that the sum concerned was indeed spent, and (2) that it was spent in the fair execution of the estate administration.