A promisee under a testamentary contract for a share of residue takes as a residuary beneficiary (not a creditor), meaning the entitlement is to the net residue after administration rather than a fixed sum calculated at the date of death; and the court may exercise its costs discretion under s 98 CPA to allocate the burden of litigation costs to a particular share of the residuary estate, displacing the default statutory order under s 46C(2) PAA, without requiring findings of executor misconduct.
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