Walters & Anor v Smee & Anor [2008] EWHC 2902 (Ch) (28 November 2008)

Walters & Anor v Smee & Anor [2008] EWHC 2902 (Ch) (28 November 2008)

The litigation was conducted as ordinary hostile litigation throughout, with the Smees making serious allegations against the Walters and defending their own interests as beneficiaries. The exceptions to the normal costs rule in probate do not apply. The Smees, having lost, must pay the Walters' costs.

Citation
[2008] EWHC 2902 (Ch)
Parties
Claimant: Alan Walters; Claimant: Karen Walters; Defendant: Geoffrey Smee; Defendant: Enid Smee
Jurisdiction
England and Wales
Judgment Date
28 November 2008
Procedural Posture
Probate and Proprietary Estoppel Claim / Costs Judgment Following Substantive Judgment
Outcome
Costs awarded to the Walters against the Smees on the standard basis.
Legal Topics
Costs in Probate Proceedings, Validity of Wills, Proprietary Estoppel, Litigation Conduct
Probate Civil Procedure Costs in Probate Proceedings Validity of Wills Proprietary Estoppel Litigation Conduct

Case Brief

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Parties

Alan Walters

Claimant

Karen Walters

Claimant

Geoffrey Smee

Defendant

Enid Smee

Defendant

Procedural Posture

Probate and Proprietary Estoppel Claim / Costs Judgment Following Substantive Judgment

Legal Issues

  1. 1 Whether costs should follow the event or be paid out of the estate in probate litigation
  2. 2 Whether exceptions to the normal costs rule in probate apply
  3. 3 Whether the conduct of the parties or the deceased justified a different costs order

Ratio Decidendi

The litigation was conducted as ordinary hostile litigation throughout, with the Smees making serious allegations against the Walters and defending their own interests as beneficiaries. The exceptions to the normal costs rule in probate do not apply. The Smees, having lost, must pay the Walters' costs.

Court Disposition

Costs awarded to the Walters against the Smees on the standard basis.

Orders

  • The Smees shall pay the Walters' costs of the claim and counterclaim on the standard basis.