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Reference information: Notice of Proposed Action Law and Legal Definition
A Notice of Proposed Action is used when action is proposed to be taken without court supervision. This is commonly used in probate matters dealing with estates. A Notice of Proposed Action must contain a description of the proposed action in reasonably specific terms. If the proposed action involves a sale or exchange of real property or option to purchase real property the notice must include the material terms of the transaction including the sales price and commission payable to the broker. https://definitions.uslegal.com/n/notice-of-proposed-action/
Oleg Lozinskiy Russian Federation Specializes in field Native speaker of: Russian PRO pts in category: 1501
Reference information: "Although a personal representative is entitled to an indemnity out of the estate against all expenses properly incurred in the administration process, he will be deprived of his indemnity if it is held that the expenses were not properly incurred. Therefore, a personal representative who is sued as such, or who is proposing to sue as such, is at risk of being deprived of his costs of defending or bringing the action if he does so without either the consent of all his beneficiaries, or in default of such consent, the direction of the Court.
It follows that application for directions about the conduct of the proposed or actual litigation should be made to the Court promptly and in separate proceedings. Such an application is known as a ‘Beddoe’ application, after an old English case.
In deciding whether a Beddoe order would be granted, the prevailing circumstances at the time the claim (in the proposed action) or the defence (in an action where the personal representative is sued) is to be filed and not the benefit of the outcome of the case should be considered. In particular, three issues have to be determined: (a) the strength and weakness of the personal representative’s claim/defence; (b) the options available to cover the personal representative’s costs; and (c) the estimated costs of the claim/defence.
The Beddoe application is therefore a crucial factor for the personal representative to consider before he takes out an action or puts up a defence to an action in respect of the administration of the estate".