Clyne v Conlon & Ors [2021] EWHC 2444 (Ch) (10 September 2021)

Clyne v Conlon & Ors [2021] EWHC 2444 (Ch) (10 September 2021)

Maria Clyne, as executor, is entitled to indemnity from the estate for costs incurred in defending the claim, as she acted reasonably and beneficiaries were not parties; indemnity is appropriate unless and until beneficiaries are joined, at which point costs may be reconsidered by the trial judge.

Citation
[2021] EWHC 2444 (Ch)
Parties
Claimant: Maria Clyne; First Defendant: Mr Kevin Conlon; Second Defendant: Mr Martin Conlon; Third Defendant: Mr Patrick O'Shea
Jurisdiction
England and Wales
Judgment Date
10 September 2021
Procedural Posture
Beddoe Application / Judgment on Application for Beddoe Relief
Outcome
Application granted
Legal Topics
Beddoe Relief, Executor Indemnity, Constructive Trusts, Beneficiary Joinder, Costs in Estate Litigation
Trusts and Estates Civil Procedure Beddoe Relief Executor Indemnity Constructive Trusts Beneficiary Joinder Costs in Estate Litigation

Case Brief

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Parties

Maria Clyne

Claimant

Mr Kevin Conlon

First Defendant

Mr Martin Conlon

Second Defendant

Mr Patrick O'Shea

Third Defendant

Procedural Posture

Beddoe Application / Judgment on Application for Beddoe Relief

Legal Issues

  1. 1 Whether executor should be indemnified for costs defending claim against estate assets
  2. 2 Whether defence of claim is reasonable given beneficiary positions
  3. 3 Effect of beneficiary joinder on indemnity and costs

Ratio Decidendi

Maria Clyne, as executor, is entitled to indemnity from the estate for costs incurred in defending the claim, as she acted reasonably and beneficiaries were not parties; indemnity is appropriate unless and until beneficiaries are joined, at which point costs may be reconsidered by the trial judge.

Court Disposition

Application granted

Orders

  • Maria Clyne as executor is indemnified from the estate for all costs of defending the claim, insofar as not recovered from other parties.
  • If beneficiaries are joined, costs orders may be revisited by the trial judge.