Jurisdiction(s):
United Kingdom

Key definition

Beddoe application definition

What does Beddoe application mean? An application by trustees or personal representatives asking the court to approve and direct whether the trust or estate should bring or defend litigation, and whether the applicants may use estate or trust funds to meet legal costs. Common in probate and trust disputes, it is made to obtain a “Beddoe order” authorising the proposed course and confirming an indemnity for costs from the estate/trust. If fiduciaries litigate without such approval, they risk personal liability for costs or disallowance of costs from the fund. The term derives from case law (Re Beddoe [1893] 1 Ch 547) and is...

Beddoe Applications under CPR 64 (England and Wales): Trustee costs protection, directions, evidence, parties, and differences from pre-emptive and beneficiary indemnity costs orders

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Practice notes

Practice Note

When trustees become involved in trust litigation, questions commonly arise about how their legal expenses should be covered. In suitable circumstances, a beddoe application is the most dependable route to ensure that costs are paid from the trust fund. While a trustee has a legal right to indemnity, prudent trustees should, where appropriate, apply to the court for permission to commence or defend proceedings by way of a Beddoe application...

The application takes its name from Re Beddoe, where Lindley LJ made clear that a trustee who proceeds without the court’s sanction and is unsuccessful runs the risk of personally shouldering the costs, even when acting on counsel’s advice...

This Practice Note explains when trustees ought to seek a Beddoe order, the practical approach to making such applications, how they differ from other related costs routes, and the dangers of continuing litigation without the protection afforded by a Beddoe order. The High Court has jurisdiction to give directions to trustees...

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Kate Davenport , KC

Bankside Chambers

Kate’s day job is as a Queen’s Counsel practising in the areas of civil and commercial litigation with an emphasis on equity and trusts.She a member of Bankside Chambers in Auckland and also a member of Outer Temple Chambers in London. Kate’s Inn is the Middle Temple. In 2019 Kate was appointed Ordinary (Overseas) Bencher of the Middle Temple. She is the past President of the New Zealand Bar Association....

Web page updated on 21/05/2026

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