McGrath & Anor v Eves & Anor (No 2) [2005] NSWSC 1077

McGrath & Anor v Eves & Anor (No 2) [2005] NSWSC 1077

It is not appropriate to order costs in favour of the widow, Mrs McGrath, as she is the residuary beneficiary and the estate is sufficient to meet all costs and increased legacies. Costs for the executor upholding the will, Mr Eves, are to be paid out of the estate.

Jurisdiction
Australia
Judgment Date
17 October 2005
Procedural Posture
Family Provision / Costs Determination Following Substantive Orders
Outcome
No order as to costs of the widow; costs for children and executor paid from estate
Legal Topics
['costs in Family Provision Proceedings' 'entitlement of Residuary Beneficiary to Costs' 'discretionary Costs Orders']
['civil Procedure' 'succession Law'] ['costs in Family Provision Proceedings' 'entitlement of Residuary Beneficiary to Costs' 'discretionary Costs Orders']

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Procedural Posture

Family Provision / Costs Determination Following Substantive Orders

Legal Issues

  1. 1 ['Whether widow residuary beneficiary should have an order for costs out of the estate' 'Whether executor upholding the will should have costs paid from the estate']

Ratio Decidendi

It is not appropriate to order costs in favour of the widow, Mrs McGrath, as she is the residuary beneficiary and the estate is sufficient to meet all costs and increased legacies. Costs for the executor upholding the will, Mr Eves, are to be paid out of the estate.

Court Disposition

No order as to costs of the widow; costs for children and executor paid from estate

Orders

  • ['Orders in terms of draft minutes agreed by parties, amended to delete costs order for Mrs McGrath' 'Leave granted to Mrs McGrath to apply to vary orders by 4.00 pm 19 October 2005']