The unsuccessful applicant in a will challenge was ordered to pay half of the respondents' partial indemnity costs.
This costs endorsement follows the dismissal of an application challenging the validity of Augustus Kenrick Forde’s will.
The court reviews the principles for awarding costs in estate litigation, ultimately ordering the applicant to pay 50% of the respondents’ partial indemnity costs, with the balance to be paid from the estate.
Claims for full indemnity costs and additional costs by the estate trustee are dismissed.
Will challenge dismissed; testator with dementia found to have testamentary capacity and no undue influence.
The applicant challenged the validity of her late father's will, which excluded her as a beneficiary, alleging lack of testamentary capacity, undue influence, suspicious circumstances, and lack of knowledge and approval.
The testator had been diagnosed with dementia and mild cognitive impairment prior to executing the will.
The court found that suspicious circumstances existed, shifting the burden to the propounder of the will.
However, the court concluded that the testator had testamentary capacity, knew and approved of the will's contents, and was not subjected to undue influence, noting he provided clear and rational reasons to his drafting lawyer for excluding the applicant.
The application was dismissed and the will was declared valid.
