In re MacKinnon v [2009] JLR 387 (23 November 2009)
- Citation
- [2009] JLR 387
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Administrative Action / Judgment
More details
- Posture
- Administrative Action / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ExecutorUnnamed legatee
Legatee03
Procedural history
Posture
Administrative Action / Judgment
04
Questions and positions
Legal issues
- 01
Is an executor entitled to costs of administration from the gross movable estate under Wills and Successions (Jersey) Law 1993, art. 15?
- 02
Can an unremunerated executor be ordered to pay a legatee's costs personally if their conduct is unreasonable?
- 03
Does breach of fiduciary duty justify indemnity costs?
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
Legal principles
- 01
Wills and Successions (Jersey) Law 1993, art. 15
Executor generally entitled to costs of administration from gross movable estate unless conduct is unreasonable.
- 02
Legal principle 2
Unremunerated executor may be ordered to pay legatee's costs personally if conduct is unreasonable.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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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