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Costs payable to trustee out of trust fund, etc. (P. 16, r. 24)

Family Justice (Probate and Other Matters) Rules 2024

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—(1) This Rule applies to every assessment of the costs which —(a)a person who is or has been a party to any proceedings in the capacity of trustee or personal representative is entitled to be paid out of any fund which the person holds in that capacity; or(b)a person who is or has been a party in the capacity of a deputy appointed or deemed to be appointed by the Court under the Mental Capacity Act 2008, or a donee under a lasting power of attorney registered under that Act, with power in relation to a person (P) who lacks or is alleged to lack capacity within the meaning given by that Act, who is given power to conduct legal proceedings in the name or on behalf of P, and that person is entitled to be paid out of P’s estate.(2) On an assessment to which this Rule applies, costs are to be assessed on the indemnity basis but are to be presumed to have been unreasonably incurred if they were incurred contrary to the duty of the trustee, personal representative, deputy or donee (as the case may be) as such.

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