18 Aug 2022
Because the respondent failed to apply for probate, failed to renounce executorship, was properly served with a show-cause order and did not appear or respond, the court granted probate to the applicant alone and ordered the respondent to pay costs on a 2A basis.
23 Sept 2016
Costs were refused because the applicant had not specifically invited the named executor to renounce executorship prior to making the without‑notice application and, in any event, the applicant would in any event have had to apply for appointment; the respondent's conduct of not applying for probate in the circumstances did not justify an order for costs against him.
7 Feb 2007
Because a co-executor refused to act and the applicant had demonstrated he had exhausted reasonable avenues to secure renunciation or cooperation, and service of the application had been effected, the Court exercised its discretion under s19 Administration Act 1969 to grant probate to the willing co-executor alone.