PT-2025-BRS-000081 - [2025] EWHC 2128 (Ch)

Accordingly I shall make an order that the claimants be at liberty to pay the policy proceeds to Jason, on the assumption for this purpose that he is the sole remaining beneficiary. The claimants will be protected against any claim by a third party based on a claim that they have misapplied the funds in question. But any such claim against Jason (albeit unlikely) will not be barred by my decision, and, if it ever arises, will have to be resolved in accordance with the relevant law.

As to costs, it is not necessary for me to order that the claimants should be entitled to the costs of these proceedings out of the deceased’s estate. This is because they are parties to these proceedings in their capacity as the deceased’s personal representatives, seeking the court’s blessing for the distribution of assets which they wish to make. Under the general law, such personal representatives are generally entitled to an indemnity out of the estate, without the need for any order: see CPR rule 46.3, PD 46 paragraph 1.