In re MacKinnon v [2009] JLR 387 (23 November 2009)

In re MacKinnon v [2009] JLR 387 (23 November 2009)

An executor's unreasonable conduct and breach of fiduciary duty may result in personal liability for costs and forfeiture of entitlement to costs from the estate.

Citation
[2009] JLR 387
Parties
Executor: MacKinnon; Legatee: Unnamed legatee
Jurisdiction
Jersey
Judgment Date
23 November 2009
Procedural Posture
Administrative Action / Judgment
Outcome
Executor ordered to pay legatee's costs personally; not entitled to own costs from estate.
Legal Topics
Executor Costs, Fiduciary Duty, Administration of Estate
Succession Law Executor Costs Fiduciary Duty Administration of Estate

Case Brief

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Parties

MacKinnon

Executor

Unnamed legatee

Legatee

Procedural Posture

Administrative Action / Judgment

Legal Issues

  1. 1 Is an executor entitled to costs of administration from the gross movable estate under Wills and Successions (Jersey) Law 1993, art. 15?
  2. 2 Can an unremunerated executor be ordered to pay a legatee's costs personally if their conduct is unreasonable?
  3. 3 Does breach of fiduciary duty justify indemnity costs?

Ratio Decidendi

An executor's unreasonable conduct and breach of fiduciary duty may result in personal liability for costs and forfeiture of entitlement to costs from the estate.

Court Disposition

Executor ordered to pay legatee's costs personally; not entitled to own costs from estate.

Orders

  • Executor to pay legatee's costs personally.
  • Executor not entitled to own costs from estate.