Will Dispute Case Update – Robert Davies v Ian Watkins (2012) EWCA Civ 1570
In Will dispute or other estate dispute case, personal representatives ( Executors or Administrators) or will trustees may need to take legal proceedings against third parties or defend such proceedings.
In these cases, the personal representatives or will trustees will be at risk as to having to either pay their own costs or pay the third parties costs or both if they do not first obtain the authority of the Court for their involvement in such proceedings.
The process of obtaining the Court’s authority is referred to as obtaining a Beddoe Order.
The case of Robert Davies v Ian Watkins involved an application for a Beddoe Order. Specifically,the Executor was appealing against a decision at first instances that he was not entitled to take his costs of the proceedings out of the Estate.
The Executor successfully appealed, with the Court confirming that , absent improper conduct, the normal rule on the costs of a Beddoe application would be for the personal representatives/ will trustees costs to come from the Estate.