COSTS — Probate proceedings — Settlement before determination — Contested probate application in which Plaintiff propounded copy undated document, which uncontested, but untested, expert evidence concluded did not bear authentic signatures — Application for grant to the Defendant of 2002 Will sought by her in Cross-Claim — No dispute about validity of 2002 Will other than to whom grant should be made — Shortly before commencement of first hearing, Plaintiff propounds another Will said to have been made by the deceased in 2008 — Expert evidence of each party, which remains untested, concluded that the 2008 document did not bear authentic signatures — The Plaintiff, shortly before final hearing, agrees to administration being granted of 2002 Will to independent administrator — Only outstanding issue for determination is how the costs of the proceedings should be borne — Application by Plaintiff that his costs, calculated on the ordinary basis, be paid out of the estate of the deceased — Defendant seeks order that the Plaintiff pay her costs calculated on the indemnity basis, with no order as to the Plaintiff’s costs, of the proceedings — Under terms of 2002 Will, the deceased’s residuary estate is divided equally between the parties.
Case Details
Citation[2022] NSWSC 886
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
