Perrins v Holland & Ors

Perrins v Holland & Ors

The circumstances justified investigation of the will’s validity, but David’s refusal of a reasonable settlement offer meant he should pay Anne’s costs from her joinder as a party; executors’ costs were reasonably incurred and recoverable from the estate if not paid by David’s solicitors.

Parties
Claimant: David Robert Perrins; First Defendant (executor of the Estate of Robert Perrins Deceased): Richard Philip Holland; Second Defendant (executor of the Estate of Robert Perrins Deceased): Sharon Ruth Moore; Third Defendant: Anne Dooney
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Contested Probate Proceedings / Post Trial Ruling on Costs and Permission to Appeal
Outcome
Costs ruling: David to pay Anne’s costs from her joinder; executors’ costs recoverable from estate if not paid by David’s solicitors; permission to appeal referred to Court of Appeal.
Legal Topics
Testamentary Capacity, Costs, Permission to Appeal, Settlement Offers
Probate Civil Procedure Testamentary Capacity Costs Permission to Appeal Settlement Offers

Case Brief

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Parties

David Robert Perrins

Claimant

Richard Philip Holland

First Defendant (executor of the Estate of Robert Perrins Deceased)

Sharon Ruth Moore

Second Defendant (executor of the Estate of Robert Perrins Deceased)

Anne Dooney

Third Defendant

Procedural Posture

Contested Probate Proceedings / Post Trial Ruling on Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the unsuccessful party should pay the successful party’s costs in contested probate proceedings
  2. 2 Whether exceptions to the general rule on costs apply
  3. 3 Whether the executors’ costs were reasonably incurred

Ratio Decidendi

The circumstances justified investigation of the will’s validity, but David’s refusal of a reasonable settlement offer meant he should pay Anne’s costs from her joinder as a party; executors’ costs were reasonably incurred and recoverable from the estate if not paid by David’s solicitors.

Court Disposition

Costs ruling: David to pay Anne’s costs from her joinder; executors’ costs recoverable from estate if not paid by David’s solicitors; permission to appeal referred to Court of Appeal.

Orders

  • David to pay Anne’s costs on the standard basis from the date of her joinder as a party.
  • Executors entitled to recover costs thrown away by adjournment from David’s solicitors, or from the estate if unrecoverable.