Smith v Springford
6th February 2008
[2008] All ER (D) 59 (Feb); 4 February 2008; Chancery Division; Norris J
This was another example of the exception, in probate actions, to the general rule that costs follow the event where the circumstances lead reasonably to an investigation of the matter. In such cases the costs can be left to be borne by those who incurred them.
Probate was granted of a will of the testatrix. A second will was then discovered. The claimants, beneficiaries of the second will, launched a probate action seeking pronouncement of the will in common form but it was defended by the executor of the first will, on the ground that it was a forgery. The evidence of an expert was that the second will was not genuine, after which the claimants applied for permission to discontinue proceedings and for the court to assess the costs arising out of the discontinuance. The claimants were given permission to discontinue their proceedings and, in the absence of any finding that the claimants had been parties to a conspiracy to propose a will they knew to be forged, they were entitled to admit the 1999 will to proof. No order was made as to costs to the date that the claimants had first become aware of the strength of the executor’s case.
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