Mausner & Anor v Mincher & Anor [2006] EWHC 1283 (Ch) (26 April 2006)

Mausner & Anor v Mincher & Anor [2006] EWHC 1283 (Ch) (26 April 2006)

The defendants were not justified in continuing to contest the will after receiving the notary's statement confirming the testator's knowledge and approval and due execution. The claimants were not the cause of the litigation, and the general rule that costs follow the event should apply, subject to a reduction for some lack of cooperation by the claimants.

Citation
[2006] EWHC 1283 (Ch)
Parties
Claimant: Mausner & Another; Defendant: Mincher & Another
Jurisdiction
England and Wales
Judgment Date
26 April 2006
Procedural Posture
Probate Action / Costs Ruling After Judgment Admitting Will to Probate in Solemn Form
Outcome
Defendants to pay 75% of claimants' costs; costs of administrator pendente lite application to come out of the estate; indemnity costs and interest at 10% above base rate from 28 February 2006.
Legal Topics
Costs in Probate Actions, Admissibility of Wills, Application of CPR Part 36, Due Execution of Wills, Knowledge and Approval of Will
Probate Civil Procedure Costs in Probate Actions Admissibility of Wills Application of CPR Part 36 Due Execution of Wills Knowledge and Approval of Will

Case Brief

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Parties

Mausner & Another

Claimant

Mincher & Another

Defendant

Procedural Posture

Probate Action / Costs Ruling After Judgment Admitting Will to Probate in Solemn Form

Legal Issues

  1. 1 Whether the defendants are entitled to have their costs paid out of the estate or whether costs should follow the event
  2. 2 Whether the claimants' conduct justified a departure from the general rule on costs
  3. 3 Whether the defendants were justified in maintaining pleas of lack of due execution and want of knowledge and approval after receiving evidence from the notary

Ratio Decidendi

The defendants were not justified in continuing to contest the will after receiving the notary's statement confirming the testator's knowledge and approval and due execution. The claimants were not the cause of the litigation, and the general rule that costs follow the event should apply, subject to a reduction for some lack of cooperation by the claimants.

Court Disposition

Defendants to pay 75% of claimants' costs; costs of administrator pendente lite application to come out of the estate; indemnity costs and interest at 10% above base rate from 28 February 2006.

Orders

  • Defendants to pay 75% of claimants' costs of the action, except costs of administrator pendente lite application, which come out of the estate.
  • Defendants to pay claimants' costs on an indemnity basis from 28 February 2006, with interest at 10% above base rate.