Clarification on Beddoe orders and protective costs: Pettigrew and others v Edwards [2017]

2nd February 2017

Natasha Dzameh, a member of our wills & trusts team, provides a brief note on the recent case of Pettigrew and others v Edwards [2017] EWHC 8 (Ch). This matter was heard in the Chancery Division of the High Court of Justice at the Royal Courts of Justice by Master Matthews. Natasha was present at the first hearing in this matter. The trustees were represented by Guy Adams who is also a member of Chambers’ wills & trusts team.

In this case the deceased left her residuary estate on trust to the first and second trustees beneficially in equal shares subject to an income to be paid to the life tenant. The trustees considered the life tenant owed the sum of £100,000 due to a loan which had been granted by the deceased. Repayment of the loan was not forthcoming so the trustees withheld the income from the trust fund. The life tenant issued a claim in relation to the income. The trustees filed a defence and counterclaim then applied for the relevant orders.

Natasha’s article pinpoints key considerations for practitioners when contemplating whether to apply for a Beddoe order and whether the circumstances also warrant an application for a protective costs order. A more detailed analysis of this case is expected to be published in the Trusts and Estates, Law & Tax Journal in the near future.

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If you would like to instruct Natasha on a related matter please contact her clerks: [email protected] or 0117 923 4740.