Jurisdiction(s):
United Kingdom

Executor denied indemnity after misusing CPR 64 instead of Part 7: guidance on third‑party disputes, neutrality and Beddoe relief; Gazi v McKenzie [2024] EWHC 2103 (Ch), England and Wales

Published on: 26 September 2024

Published by a LexisNexis Private Client expert

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Article summary

Gazi v McKenzie [2024] EWHC 2103 (Ch) What are the practical implications of this case?

Executors frequently become embroiled in wrangles between competing beneficiaries concerning the deceased’s assets, the rights to them, and their distribution. Yet, as this judgment demonstrates, the dispute can swiftly swell far beyond the real monetary value at issue. In such circumstances executors must take great care, especially when legal expenses start to mount while attempting to resolve the problem and complete the estate’s administration. The law provides several avenues to shield executors in scenarios like this; the appropriate safeguard will ultimately depend on the particular questions that arise and on the respective positions of the parties. Proportionality therefore matters, and unchecked contention risks eclipsing the estate’s limited stakes and rapidly depleting resources through avoidable expenditure. Although executors may view the situation as straightforward, the legal landscape is complex; the accepted starting point is the categorisation, and the differing costs regimes, set out in Alsop Wilkinson v Neary [1996] 1 WLR 1220. Where the matter is a genuine trust dispute, Part 64 proceedings would have been the proper vehicle...

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