DAWSON v PETERS & 3 ORS (No. 2) [2007] NSWSC 1421

The costs of the first and second defendants should be paid out of the estate, as they successfully opposed the informal document being admitted to probate and their actions assisted the court in resolving a controversy caused by the testator. The third defendant should pay her own costs due to inappropriate aspects of her conduct and lack of success.

Jurisdiction: Australia
Judgment Date: 07 December 2007
Procedural Posture: Probate Litigation / Post Judgment, Costs Order
Outcome: Order for costs granted in favour of first and second defendants, paid out of the estate; third defendant to pay own costs.
Legal Topics: ['costs in Probate Litigation' 'admissibility of Informal Testamentary Documents']

['equity' 'probate'] ['costs in Probate Litigation' 'admissibility of Informal Testamentary Documents']

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Procedural Posture

Probate Litigation / Post Judgment, Costs Order

Legal Issues

1 ['How should costs be apportioned in probate litigation involving a contest over an informal document purported to be a codicil?' 'Should costs follow the event or be paid out of the estate in these circumstances?']

Ratio Decidendi

Court Disposition

Order for costs granted in favour of first and second defendants, paid out of the estate; third defendant to pay own costs.

Orders

['Order that the costs of the first and second defendants be paid out of the estate of the testator.']