COSTS - where executor proposed to carry out all work required to obtain probate and administer estate on payment of remuneration in lieu of commission - executor sought agreement of beneficiaries - where majority of beneficiaries agreed to proposal - executor believed issue of remuneration should be resolved before final distribution - executor not justified in withholding partial distribution of estate -held costs follow the event
COSTS - Uniform Civil Procedure - executor acted for own benefit rather than benefit of the estate - executor not entitled to indemnity out of estate
Case Details
Citation[2012] NSWSC 1165
CourtNSWSC
JurisdictionNew South Wales
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