Where a beneficiary having brought successful action against the trust fund, the rule in In re Buckton should still apply, but where the trustees could have brought the same action themselves, and had been ready and willing to do so, the beneficiary should not be awarded costs out of the trust fund. Under the new procedure, the court should take a more robust attitude to such claims. In effect the sole reason for the claimant’s participation was to make a claim for costs if the trustees failed.
Citations:
Gazette 05-Oct-2000, Times 10-Aug-2000
Jurisdiction:
England and Wales
Trusts, Wills and Probate, Costs
Updated: 06 September 2022; Ref: scu.79774