Is an executor entitled to a third party's costs?

Finally, with respect to the costs of the respondents, they do not seek their costs from the applicant, but rather from the estate. The general rule, as outlined in Thompson v. Lamport, 1945 CanLII 2 (SCC), [1945] S.C.R. 343, is that an executor is to be indemnified against all reasonable costs and expenses incurred in the course of the administration of the estate. However, if costs are unjustifiably incurred, the executor cannot count on the costs being paid out of the estate. In this case, I find that the respondents acted prudently and properly. They are entitled to be paid reasonable costs and expenses out of the estate. CONCLUSION