Security for executor of an estate threatened by future claim

A claim was threatened against the deceased’s estate and as the executor, our client was therefore reluctant to make any distributions.  The potential claimant repeatedly refused to set out their claim formally or initiate Court proceedings.

In order to provide the executor (our client) with some protection and also to maintain a neutral stance in accordance with her duties as executor, we sought the direction of the Court. Specifically we applied for direction as to whether to distribute the estate and/or retain funds in respect of the possible claim. An application also had to be made for service out of the jurisdiction. The Court made an order for distribution other than a small contingency fund which was retained to cover legal fees in the event that the potential claimant later pursued their claim.