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DAVID ROBERT PERRINS v (1) RICHARD PHILIP HOLLAND (AS EXECUTOR OF THE ESTATE OF ROBERT PERRINS, DECEASED) (2) SHARON RUTH MOORE (AS EXECUTOR OF THE ESTATE OF ROBERT PERRINS, DECEASED) (3) ANNE DOONEY

Following judgment in a contested probate case the court determined that the unsuccessful party could not displace the normal rule that costs followed the event.

3 November 2009

The court was required to determine whether costs arising out of probate proceedings should be paid by the claimant (P), the defendants (H) or from the estate of the deceased (X). P had unsuccessfully challenged the validity of X's will which had left his estate to his carer (D). After commencement of proceedings, D had offered to settle the probate and inheritance proceedings. P did not accept that offer. Following judgment, P argued that he could demonstrate a positive case for not merely exonerating him from having to pay any one else's costs, but for having his own costs paid. P submitted that (1) the litigation had been induced by uncertainty over X's testamentary capacity and compounded by the failure of the legal executive, with charge of X's will, to have consulted a medical practitioner about X's mental capacity; (2) the uncertainty surrounding the will had been compounded by untruthful or exaggerated evidence provided by D and the legal executive; (3) he had succeeded on t...

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