‘Warning to Executors in 1975 claims’ – Popat v Karia Claim No. E30BM044
Guy Holland instructed by Irwin Mitchell succeeds in a 1975 Act claim in the High Court at Birmingham with indemnity costs awarded against the Executor for failing to adopt and maintain a neutral role.
The Executor, who was also the beneficiary under the Will which was subject to challenge, was denied the usual indemnity pursuant to CPR r46.3 in respect to her own litigation costs and was ordered to pay the Claimant’s costs on an indemnity basis. The Executor was also refused an indemnity from the Estate in respect of potential future tax liabilities. The court were particularly critical of the Executor's partisan approach and failure to take specialist advice as regards tax liabilities for the Estate.
This case serves as a clear warning to executor's who are also beneficiaries but fail to strictly comply with their obligations of neutrality in their role as executor.