Ramsay Estate (Re)

Parties

Procedural Posture

Probate / Will Challenge / Supplemental Decision on Costs Following Probate Hearing

Legal Issues

1. 1 Whether the executor is entitled to solicitor and client costs to be paid from the estate
2. 2 Whether the opponents, who unsuccessfully challenged the will, should pay costs or recover costs from the estate and on what basis
3. 3 Whether the opponents' challenge was frivolous or justified by suspicious circumstances raised

Ratio Decidendi

The court applied established probate practice and discretion: the executor (Garnet Ramsay) who successfully defended the will is entitled to recover solicitor and client costs from the estate; the opponents raised suspicious circumstances and their challenge was not frivolous, so they are entitled to recover party and party costs from the estate; the Tariff A amount was fixed at $90,000 for calculation and Scale 3 produces party and party costs of $6,875 plus taxable disbursements; taxation of the executor's solicitor and client costs is not ordered now but may be argued further.

Court Disposition

Will previously admitted to probate in solemn form; costs awarded as follows: executor awarded solicitor and client costs to be paid from the estate; opponents awarded party and party costs from the estate.

Orders

• Executor Garnet Ramsay is entitled to recover his solicitor and client costs from the estate of Marion Araminta Ramsay.
• Opponents (Joanne Ramsay and the estate of Dorothy Ramsay) are entitled to party and party costs in the sum of $6,875 plus taxable disbursements, to be paid from the estate.