Syvret v Benest [2011] JRC 233 (15 December 2011)

Syvret v Benest [2011] JRC 233 (15 December 2011)

No costs order is made against the executor because he acted reasonably and in good faith to ascertain estate assets, the defendants' conduct contributed to the proceedings, legal aid status means a costs order would only benefit advocates, and it would be unjust to penalise the estate beneficiaries given the circumstances.

Citation
[2011] JRC 233
Parties
Plaintiff: Plaintiff (Executor of Mrs Benest's Estate); First Defendant: Simon David Benest; Second Defendant: Second Defendant (Name not specified)
Jurisdiction
Jersey
Judgment Date
15 December 2011
Procedural Posture
Estate Litigation / Post Discontinuance, Costs Application
Outcome
Application for costs against the plaintiff as executor rejected.
Legal Topics
Executor's Duties, Costs Discretion, Disclosure Orders, Settlement Negotiations
Probate Estate Administration Civil Procedure Executor's Duties Costs Discretion Disclosure Orders Settlement Negotiations

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Parties

Plaintiff (Executor of Mrs Benest's Estate)

Plaintiff

Simon David Benest

First Defendant

Second Defendant (Name not specified)

Second Defendant

Procedural Posture

Estate Litigation / Post Discontinuance, Costs Application

Legal Issues

  1. 1 Should costs be awarded against the executor following discontinuance of proceedings?
  2. 2 Is the executor personally liable for costs or are they payable from the estate?
  3. 3 Does legal aid status affect the costs order?

Ratio Decidendi

No costs order is made against the executor because he acted reasonably and in good faith to ascertain estate assets, the defendants' conduct contributed to the proceedings, legal aid status means a costs order would only benefit advocates, and it would be unjust to penalise the estate beneficiaries given the circumstances.

Court Disposition

Application for costs against the plaintiff as executor rejected.

Orders

  • No order as to costs; costs to fall where they lie.