Executor Removal Claims - Who Pays the Costs?

Introduction

Disputes regularly arise as to whether an executor appointed by a will should remain as an executor for various reasons such as their suitability of character or conduct issues.

Where such disputes arise, the costs are usually determined by the court.

The general rule is that an executor is entitled to be indemnified from the estate for costs properly incurred in carrying out their duties.

That said, the courts retain a wide discretion to depart from this rule.

Numerous factors could become relevant such as whether an executor has acted in the best interests of the estate and/or breached their legal duties, a party’s unreasonable conduct, conflicts of interest, and delays in administration of the estate.

It is important for parties to consider the issue of legal costs before entering into Court proceedings, giving particular consideration to the likely level of costs involved and who will have to pay them.

What You Will Learn

This webinar will cover the following:

• The relevance of the court’s discretion on the issue of costs
• When the costs may be paid from the deceased’s estate
• When individual parties may find themselves liable for the costs
• Where the court may order a partial award of costs
• Recent case law where the court has considered various factors dealing with complex questions around costs in this area