Fellows, Brennan v Page, Spring, Spring, Spring, Spring and Spring: CA 20 Feb 1998

The defendant, a child of the deceased, sought leave to appeal out of time, against an order. The appeal was forty weeks out of time. The father’s female partner had succeeded in a claim under the 1975 Act. The settlement of her claim had been opposed by the defendant, one of his sons, who had refused to accept the accounts or to agree an indemnity to the executors. The appeal now was against the payment of the executors’ solicitors fees.
Held: The challenges to the award of costs were misconceived and mistaken. The appeal had no prospect of success.

Citations:

[1998] EWCA Civ 315

Statutes:

Inheritance (Provision for Family and Dependants) Act 1975

Jurisdiction:

England and Wales

Wills and Probate

Updated: 11 May 2022; Ref: scu.143793