Interest is payable on late performance of an equitable personal obligation even where the payee's own conduct substantially caused the delay in payment, at Schedule J rates rather than the lower legacy rate. The rule in Patching v Barnett (apportioning administration costs between realty and personalty) has no further relevance in NSW following Wyndham v Mackenzie. The reasoning of Harvey J in Robertson v Graham — that costs of ascertaining trusts are not testamentary expenses — is no longer acceptable. Where proceedings to construe a will are in substance adversarial (third Buckton category), ordinary costs principles apply and the court will not order costs from the estate or the property in dispute.
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