A legatee who has propounded a codicil and succeeded is entitled to the same costs as an executor under similar circumstances.
The defendant, the executor of the will of RC, had proved the will only.
The plaintiffs propounded a codicil. The Court having pronounced for the codicil, condemned the defendant in costs, and gave the plaintiffs also out of the estate such sum nomine expensarum as would cover the additional expenses.
References: (1881) 6 PD 27, [1881] UKLawRpPro 5, (1880-1881) LR 6 PD 27
Links: Commonlii
Jurisdiction: England and Wales
This case is cited by:
- Cited – Worby, Worby and Worby v Rosser CA 28-May-1999 (Times 09-Jun-99, Gazette 16-Jun-99, , [1999] EWCA Civ 1520, [2000] PNLR 140)
Three potential beneficiaries sought payment from a solicitor of the costs of resisting the grant of probate to a will, saying that he had owed them a duty of care to ensure that the testator did not execute a later will in circumstances in which he . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.195582