The Court ordered that the successful plaintiff's costs and the costs of the executor (first defendant) and independent administrator (third defendant) be paid from the estate on an indemnity basis in contested probate proceedings involving undue influence findings. The unsuccessful beneficiary (second defendant) who had joined the proceedings to protect her interest was not ordered to pay any other party's costs but was required to bear her own, the Court exercising its broad discretion to achieve a fair result having regard to factors including that the testator's circumstances caused the litigation and the beneficiary's entitlement to protect her position. The Court declined to apply the [name withheld] v [name withheld] (No 2) disallowance of solicitor self-representation costs to the first defendant, distinguishing on the basis that he was upholding the deceased's testamentary wishes rather than acting for himself in litigation.
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