Jersey Judgment

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

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Professional case brief

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Source document

01

Holding and result

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.

02

Material facts

Parties

MacKinnon

Executor

Unnamed legatee

Legatee

03

Procedural history

  1. Posture

    Administrative Action / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Executor claims entitlement to costs of administration from the estate under statutory provision.
Respondent
Legatee argues executor's unreasonable conduct and breach of fiduciary duty warrant personal liability for costs and denial of estate indemnity.

05

Court’s reasoning

  1. 01

    Wills and Successions (Jersey) Law 1993, art. 15

    Executor generally entitled to costs of administration from gross movable estate unless conduct is unreasonable.

  2. 02

    Legal principle 2

    Unremunerated executor may be ordered to pay legatee's costs personally if conduct is unreasonable.

  3. 03

    Legal principle 3

    Breach of fiduciary duty may justify indemnity costs.

06

Ratio, limits and disposition

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.

Obiter and limits

  • Breach of fiduciary duty is sufficiently unusual to justify indemnity costs.

Court disposition

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

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

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2009] JLR 387

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BAILII >> Databases >> Jersey Law Reports >> In re MacKinnon v [2009] JLR 387 (23 November 2009) URL: https://www.bailii.org/je/cases/JLR/2009/JLR090387.html Cite as: [2009] JLR 387 [ New search ] [ Help ] In re MacKinnon v 2009 JLR 387 (23 November 2009) Succession-executors and administrators-costs-executor generally entitled to costs of administration from gross movable estate (under Wills and Successions (Jersey) Law 1993, art. 15)-if unremunerated executor's conduct unreasonable, may be ordered to pay legatee's costs of administrative action personally-not then entitled to own costs from estate-breach of fiduciary duty may be sufficiently unusual to justify indemnity costs The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2009 JLR 387 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2009/JLR090387.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Wills and Successions (Jersey) Law 1993, art. 15

Legislation

Legislation referenced in the available case record.

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