In re MacKinnon v [2010] JLR 508 (15 October 2010)

In re MacKinnon v [2010] JLR 508 (15 October 2010)

An executor is entitled to recover properly incurred costs from the estate unless their conduct is not reasonably justifiable, in which case indemnity may be denied and personal liability for costs imposed.

Citation
[2010] JLR 508
Parties
Executor: MacKinnon
Jurisdiction
Jersey
Judgment Date
15 October 2010
Procedural Posture
Succession / Costs Determination
Outcome
Guidance on costs orders against executors clarified; entitlement to indemnity depends on justifiability of conduct.
Legal Topics
Executor's Costs, Costs Orders, Indemnity, Personal Liability of Executor
Succession Law Civil Procedure Executor's Costs Costs Orders Indemnity Personal Liability of Executor

Case Brief

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Parties

MacKinnon

Executor

Procedural Posture

Succession / Costs Determination

Legal Issues

  1. 1 Whether an executor is entitled to recover costs of administration from the estate
  2. 2 Circumstances under which an executor may be deprived of indemnity and ordered to pay costs personally

Ratio Decidendi

An executor is entitled to recover properly incurred costs from the estate unless their conduct is not reasonably justifiable, in which case indemnity may be denied and personal liability for costs imposed.

Court Disposition

Guidance on costs orders against executors clarified; entitlement to indemnity depends on justifiability of conduct.