Victoria Pileggi

The appellants abandoned their appeal on the eve of the hearing.

The decision addresses the issue of costs arising from the abandoned appeal.

The appellants argued against a costs award, citing an offer to settle.

The respondents, specifically the Estate of YYY and XXX, sought costs on a full or substantial indemnity basis, alleging the appeal constituted an abuse of process.

The court rejected both arguments, finding the offer to settle did not preclude a costs award and that the appeal, despite its procedural history, was not an abuse of process.

The respondents Estate of YYY and XXX were awarded $30,000 in all-inclusive costs from the appellants.

The applicant challenged her mother's 2015 will, alleging lack of knowledge and approval, lack of testamentary capacity, and suspicious circumstances.

The 2015 will divided the estate equally among the three children, whereas a previous 2013 will had left the majority of the estate to the applicant.

The court found no suspicious circumstances, preferring the evidence of the drafting solicitor and the deceased's family doctor over the retrospective analysis of the applicant's expert geriatric psychiatrist.

The court concluded the deceased had the necessary testamentary capacity and dismissed the application.