Where administrators who are also beneficiaries seek a Re Beddoe indemnity from the estate to defend a claim, and the beneficiaries are all adult and sui juris with capacity to fund the defence, the court will ordinarily refuse the indemnity and leave the competing claimants to fight the litigation at their own risk as to costs. Relevant factors include the beneficiaries' financial interest, their capacity to fund the defence, the merits of the claim, and the risk that estate-funded costs would deprive a successful claimant of the fruits of litigation.
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