No: FD22F00062 - [2025] EWHC 1951 (Fam)

The estate itself is not substantial. Although the Property has risen in value since the Deceased’s death the estate has been (and continues to be) diminished by Mr Green’s costs of administration and his costs in this litigation and in the possession proceedings. As matters stand, the value of the net estate (as per interim estate accounts to 27 May 2025) is £627,052 of which £600,000 represents the value attributed to the Property. That figure includes provision for a potential CGT charge on the sale of the Property (which will be in the region of £42,000). In his oral evidence Mr Green confirmed that his unbilled costs and disbursements (not included in the above figure) stood at £22,896 (exclusive of VAT) as at the eve of the trial. Thus, the total assets available for distribution in the estate are unlikely to exceed £600,000. Mr Green has also paid from the estate Susan’s legal costs of the proceedings that led to his appointment. These costs had been ordered to be borne as to 75% by Ruth and 25% by Susan, so that the accounts show interim distributions to Ruth of £15,450.75 and to Susan of £3,839,25 as having been made.

I asked Mr Green for an estimate of the costs of the possession proceedings. I understand these to be in the region of £25,000.

I now turn to consider the financial needs and resources of each of the parties.