Law Digest: 18 January 2008

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.