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16 February 2012
Issue: 7501 / Categories: Case law , Law digest , In Court
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Probate/Costs

Wharton v Bancroft and others [2012] EWHC 91 (Ch), [2012] All ER (D) 33 (Feb)

In probate cases the court was required to consider two particular sets of circumstances which might necessitate a disapplication of the general rule in order to achieve justice; it also required a consideration of the same factors as ought to be considered in any other litigation. First, while remembering that costs were always awarded at the discretion of the court, it was recognised that if the cause of the litigation had its origin in the fault of the testator or of those interested in residue, then the costs might properly be paid out of the estate. The reality of such an order would be that the person who had succeeded in proving the existence of a will would pay the unsuccessful side’s costs.

The second set of circumstances that might cause a disapplication of the general rule was that if there were sufficient and reasonable grounds (looking at the knowledge and means of knowledge of the parties opposing the will) to question the

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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