13 Jul 2023
The 2018 Will complied with the statutory formalities and credible affidavit evidence from the deceased's solicitor and medical practitioners established that the deceased knew and approved the will and had testamentary capacity; accordingly the 2018 Will is valid and was the deceased's last will and should be pronounced in solemn form of law.
22 Jun 2021
Lodgement of the grant does not automatically terminate the executrix’s standing to continue actions she has commenced; on the facts the defendants failed to show the balance of convenience favoured a stay of the Share and Property Actions pending the Probate Action, so the stay applications are dismissed; applications for appointment of an administratrix pendente lite are unnecessary while a grant exists and are adjourned sine die with liberty to restore.
22 Sept 2020
An issue-based, time-divided exercise of discretion is required: although the defendant succeeded on the central legal point (construction of section 20 of the MCO) and thus deserves substantial costs, other grounds were pursued and evidence was filed unnecessarily; on balance the plaintiff must pay 50% of the defendant's costs of the striking out application before the Master and 75% of the defendant's costs of the appeal, to be taxed if not agreed, with appropriate certificates for counsel.