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18. Is the personal representative personally liable for the costs arising out of the litigation in relation to the deceased's estate?

 

If the personal representative is ordered by court to pay the opposing party legal costs, the opposing party may enforce the costs against the personal representative personally. Whilst the personal representative may seek to be reimbursed by the estate his/her costs or the opponent’s costs that he/she is ordered to pay, the beneficiaries may oppose on the ground that the personal representative have unreasonably initiated or defended the claim. Whenever in doubt, especially when the opponent is one of the beneficiaries, the prudent way to do is to first seek a Beddoe order before initiating or defending a claim. See point 3 of this Part.