1Where only part of a probate challenge arises from circumstances reasonably calling for investigation of the will, the court may apportion costs so that only the proportion attributable to those circumstances is borne by the estate, with costs otherwise following the event.
2An executor who defends probate proceedings reasonably is entitled under UCPR r 42.25 to have unrecovered costs paid from the estate on an indemnity basis, but an executor who prosecutes claims for their own benefit in an adversarial manner may be denied that entitlement under r 42.25(2)(b).
3Failure to accept a Calderbank offer or offer of compromise does not automatically attract indemnity costs where the offeree had reasonable prospects of success on claims that would benefit persons beyond themselves, such as other beneficiaries under an earlier will.
Case Details
Citation[2026] NSWSC 977
CourtNSWSC
JurisdictionNew South Wales
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