§560:3-720 - Expenses in estate litigation.

     §560:3-720  Expenses in estate litigation.  If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not that person is entitled to receive from the estate that person's necessary expenses and disbursements including reasonable attorneys' fees incurred. [L 1996, c 288, pt of §1]

 

Case Notes

 

  A finding of undue influence on the part of the personal representative, who was also the proponent of the rejected will, precludes a finding that he or she defended or prosecuted the will contest in good faith; personal representative's request for attorneys' fees and expenses under this section thus denied.  91 H. 107, 979 P.2d 1133.