6 Sept 2018
CRAWFORD AND WELLS v PHILLIPS [2018] NZCA 351
- Citation
- [2018] NZCA 351
- Court
- Court of Appeal
Because the litigation originated from uncertainty in the will (a fault of the testator) and the appellants, acting as executors, had sufficient and reasonable grounds to defend the will, the Re Paterson exceptions apply and justify ordering that the fair and reasonable actual costs and disbursements of both appellants and respondent be paid by the estate; alleged negligence by an executor in a separate capacity as solicitor does not preclude this result.