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17 January 2008 / Peter Hungerford-welch
Issue: 7304 / Categories: Legal News , Public , Profession , Wills & Probate
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Law Digest: 18 January 2008

Wills

Kostic v Chaplin [2007] EWHC 2909 (Ch), [2007] All ER (D) 119 (Dec)

 

The costs of a contentious probate action are within the discretion of the court, applying CPR Pts 43 and 44. The general rule (CPR 44.3(2)(a)) is that the unsuccessful party will be ordered to pay the costs of the successful party. In contentious probate actions, however, two long-established exceptions have survived the introduction of the CPR: (i) if a person who made a will, or people who are interested in the residue, have been the cause of the litigation, a case is made out for the costs to come out of the estate; and (ii) if the circumstances lead, reasonably, to an investigation of the matter, the costs could be left to be borne by those who had incurred them.

Issue: 7304 / Categories: Legal News , Public , Profession , Wills & Probate
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MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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