Garnham -v- PC and Others [2012] JRC 078 (13 April 2012)

Garnham -v- PC and Others [2012] JRC 078 (13 April 2012)

Executors CG, PC, AC (and LC to the extent of properly incurred costs) are entitled to their costs out of the estate on the usual trustee basis. MC, as executor, is entitled to her costs out of the estate until 9 November 2011, but thereafter must bear her own costs due to unreasonable conduct in opposing assignment after the October refinement. Mrs C, as beneficiary, is entitled to her costs out of the estate on an indemnity basis; her opposition was not unreasonable given her position and family circumstances. No party is ordered to pay the costs of others.

Citation
[2012] JRC 078
Parties
Beneficiary: BNP; Executor: MC; Beneficiary: Mrs C; Executor: CG; Executor: PC; Executor: AC; Executor: LC
Jurisdiction
Jersey
Judgment Date
13 April 2012
Procedural Posture
Representation (probate/trusts) / Post Judgment Costs Determination
Outcome
Costs determined as per summary; no party ordered to pay others' costs; some parties deprived of costs out of estate for certain periods.
Legal Topics
Executor Indemnity, Beneficiary Costs, Unreasonable Conduct, Trustee Liability, Costs Out of Estate
Probate Trusts Costs Executor Indemnity Beneficiary Costs Unreasonable Conduct Trustee Liability Costs Out of Estate

Case Brief

Summary, issues, holding and outcome

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Parties

BNP

Beneficiary

MC

Executor

Mrs C

Beneficiary

CG

Executor

PC

Executor

AC

Executor

LC

Executor

Procedural Posture

Representation (probate/trusts) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether executors and beneficiaries are entitled to recover their costs out of the estate
  2. 2 Whether any party should be deprived of costs or ordered to pay others' costs due to unreasonable conduct

Ratio Decidendi

Executors CG, PC, AC (and LC to the extent of properly incurred costs) are entitled to their costs out of the estate on the usual trustee basis. MC, as executor, is entitled to her costs out of the estate until 9 November 2011, but thereafter must bear her own costs due to unreasonable conduct in opposing assignment after the October refinement. Mrs C, as beneficiary, is entitled to her costs out of the estate on an indemnity basis; her opposition was not unreasonable given her position and family circumstances. No party is ordered to pay the costs of others.

Court Disposition

Costs determined as per summary; no party ordered to pay others' costs; some parties deprived of costs out of estate for certain periods.

Orders

  • BNP and Mrs C to have their costs out of the estate on an indemnity basis.
  • Executors CG, PC, AC (and LC to the extent of properly incurred costs) to have their costs out of the estate on the usual trustee basis.