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In a recent judgment, the High Court ruled that the legal costs of an executor/administrator must be prioritized over those of a beneficiary in the event of an insolvent estate. This decision came after both parties had been awarded costs as "costs in the administration of the Estate" following extensive probate litigation. The court found that, due to the insolvency of the estate, the executor/administrator's costs should be paid first, based on established legal practice and the interpretation of the Succession Act, 1965.
probate litigation, executor/administrator, beneficiary, legal costs, insolvency, estate administration, Succession Act 1965, priority of debts, administration expenses, testamentary expenses, statutory interpretation, proprietary estoppel, High Court, Court of Appeal, insolvent estate, executor's costs, litigant's costs, common law practice, Trustee Act 1893.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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