The Court granted judicial advice under s 92 of the Trustees Act 1962 (WA) that executors were justified in lodging an application for survivorship and transmission, initiating a caveat lapsing notice under s 138B of the Transfer of Land Act 1893 (WA), and defending any resulting caveat extension or substantive proceedings brought by the caveator. The Court granted liberty to exercise rights of exoneration or indemnity for costs incurred in those steps but deferred determination of the order of priorities for costs payment, holding it premature to resolve that question until the caveator's response was known. The question of whether the executors or the intended beneficiary (the Parish) should take the active role in any future substantive proceedings was left open for further guidance.
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