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That's justice

The courts have strengthened the hand of executors who are often left holding the bag when there is an estate administration hitch

11 May 2016

This is the first of two articles covering recent cases that give comfort to executors, who often find themselves in the firing line when something goes wrong during the administration of an estate.

Jones v Longley [2015] EWHC3362 (CH) gives comfort to executors who act reasonably and in the best interests of the estate, but have not achieved the sought outcome in a court application. The court declined to follow the usual costs rule that the loser pays the winner's costs and instead ordered the 'winner' to pay the executor's costs.

Background

The claimant, a solicitor and the first defendant were appointed co-executors under the will. The claimant applied for the removal of the first defendant as co-executor because the administration of the estate was deadlocked. As a personal representative is not normally allowed to retire, the...

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