Mausner & Anor v Mincher & Anor

Mausner & Anor v Mincher & Anor

Defendants were not reasonably entitled to continue opposition to the will after receipt of the notary's statement; claimants' conduct did not justify costs coming out of the estate; defendants to pay 75% of claimants' costs, with indemnity costs and interest from 28 February 2006 under CPR Part 36.

Parties
Claimant: Mausner & Another; Defendant: Mincher & Another
Jurisdiction
England and Wales
Judgment Date
26 April 2006
Procedural Posture
Probate Action / Post Judgment Costs Ruling
Outcome
Defendants ordered to pay 75% of claimants' costs; indemnity costs and interest from 28 February 2006; costs of administrator pendente lite application to come out of the estate.
Legal Topics
Costs in Probate Actions, Will Validity, Knowledge and Approval, Due Execution, CPR Part 36 Offers
Probate Civil Procedure Costs in Probate Actions Will Validity Knowledge and Approval Due Execution CPR Part 36 Offers

Case Brief

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Parties

Mausner & Another

Claimant

Mincher & Another

Defendant

Procedural Posture

Probate Action / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether defendants' costs should be paid out of the estate or by claimants
  2. 2 Whether claimants' conduct justified departure from general costs rule
  3. 3 Whether defendants were reasonably entitled to oppose the will after evidence provided

Ratio Decidendi

Defendants were not reasonably entitled to continue opposition to the will after receipt of the notary's statement; claimants' conduct did not justify costs coming out of the estate; defendants to pay 75% of claimants' costs, with indemnity costs and interest from 28 February 2006 under CPR Part 36.

Court Disposition

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

Orders

  • Defendants to pay 75% of claimants' costs of the action.
  • Defendants to pay claimants' costs on an indemnity basis from 28 February 2006.