Estate of Moralee [2012] JRC 038 (20 February 2012)

Estate of Moralee [2012] JRC 038 (20 February 2012)

Under Jersey law, executor's remuneration is only payable if authorised by the will and the estate is solvent; in insolvency, remuneration requires creditor or court approval. Costs of administration, including ratified pre-grant work, take priority over all other claims. Executor has a right of retainer for his own costs of administration against creditors of equal degree.

Citation
[2012] JRC 038
Parties
Applicant: Executor (representor); Respondent: Mrs Moralee; Respondent: Fourth respondents (children and Deborah Matthews)
Jurisdiction
Jersey
Judgment Date
20 February 2012
Procedural Posture
Probate/administration of Estates / Application for Directions by Executor
Outcome
Directions granted; bills of Viberts and Collas Crill to be scrutinised by Judicial Greffier; executor's remuneration not payable from insolvent estate without creditor or court approval.
Legal Topics
Executor's Remuneration, Costs of Administration, Right of Retainer, Insolvent Estates
Probate Insolvency Trusts Executor's Remuneration Costs of Administration Right of Retainer Insolvent Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Executor (representor)

Applicant

Mrs Moralee

Respondent

Fourth respondents (children and Deborah Matthews)

Respondent

Procedural Posture

Probate/administration of Estates / Application for Directions by Executor

Legal Issues

  1. 1 Whether executor is entitled to payment of costs ahead of other creditors
  2. 2 Whether legal fees of Viberts and Collas Crill are costs of administration
  3. 3 Whether executor's right to remuneration survives insolvency of estate

Ratio Decidendi

Under Jersey law, executor's remuneration is only payable if authorised by the will and the estate is solvent; in insolvency, remuneration requires creditor or court approval. Costs of administration, including ratified pre-grant work, take priority over all other claims. Executor has a right of retainer for his own costs of administration against creditors of equal degree.

Court Disposition

Directions granted; bills of Viberts and Collas Crill to be scrutinised by Judicial Greffier; executor's remuneration not payable from insolvent estate without creditor or court approval.

Orders

  • Bills of Viberts and Collas Crill to be referred to Judicial Greffier for scrutiny and assessment as costs of administration.
  • Executor may apply to the Court for authority to charge fees if estate is insolvent.