Worried about being personally liable for legal costs as an executor or trustee?
A Beddoe Order can protect you. It’s a court order that authorises you to use estate or trust funds to cover legal fees, before taking or defending action.
Here’s when you need one, how it works, and why it matters in contentious estates.
A Beddoe Order is a court order that authorises an executor or trustee to bring or defend legal proceedings using estate or trust funds. Crucially, it provides reassurance that their legal costs will be reimbursed—win or lose—as long as the application is made properly and in good faith.
Without this court-approved protection, personal representatives might be personally liable if a claim is later deemed unnecessary or unwise.
Generally, executors and trustees are entitled to claim back expenses properly incurred in their role. However, if beneficiaries object or if there’s any doubt about indemnity, it’s wise to apply for a Beddoe Order.
Common scenarios where a Beddoe Order may be needed include:
Even in disputes with beneficiaries, a Beddoe Order may be appropriate—especially where the trustee’s actions in managing the trust are being scrutinised.
The application is made through the Court using Part 8 of the Civil Procedure Rules, specifically under Part 64, which covers trust and estate matters.
Executors must present a full and honest picture of the situation, including any relevant risks or conflicts. Confidential documents can be submitted separately to prevent disclosure to beneficiaries.
If the Court grants the Beddoe Order, the executor or trustee is free to proceed with the litigation, knowing their costs will be covered from the estate or trust.
A Beddoe Order offers important reassurance to personal representatives navigating complex or contentious probate situations. If you’re unsure whether an application is needed, it’s best to seek specialist legal advice before proceeding with any legal action.
Disclaimer: This article provides general information only and should not be taken as legal advice. For personalised support, please consult a qualified probate solicitor.
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
Arrange a FREE consultation with a Contentious Probate Solicitor.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate.
Content Note: This page is based on original materials provided by IDR Law, with thanks for their permission and collaboration.
Rob Faulkner is a leading expert in executor insurance risk and probate insurance, with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.
Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.
He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.
Rob is especially passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.
Want to learn more? Visit my author page or follow me on LinkedIn.
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