An executor who defends proceedings against the estate honestly and not unreasonably, and not in pursuit of personal interests, is entitled to indemnity from the estate under UCPR r 42.25, even where the defence is unsuccessful and the estate is insufficient to satisfy both the judgment and the executor's costs. The position is strengthened where the beneficiary is a charity rather than an individual. The absence of Re Beddoe advice does not reverse the prima facie entitlement to indemnity. A court will not reopen after hearing to admit updated statistical data where the original decision was based on expert evidence adduced at the hearing.
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