Key Facts
- •Will of Kenneth Grizzle dated 3 November 2023 was partially valid.
- •Gift of residue in the will failed due to lack of knowledge and approval by Kenneth.
- •Residue will devolve under the rules of intestacy.
- •Claimants (executors): Theodora Richefond, Lee Peter Richefond, Lucia Theresa Phillips.
- •Defendants: Hope Dillon, Jo-Ann Morris, Leonard Grizzle (Grizzle Children), Kym Lucia Richefond, Gary Richefond.
- •Main assets: 50% share of Stanley Road property, Sebert Road property (owned by survivorship).
- •Grizzle children argued for partial intestacy.
- •Claimants initially argued for full validity of the will.
Legal Principles
General rule: Unsuccessful party pays costs of successful party.
CPR r.44.2(2)
Court considers conduct of all parties, partial success, and settlement offers when deciding costs.
CPR 44.2(4) and (5)
Trustee entitled to costs from trust fund or estate.
CPR r.46.3(2)
Indemnity for trustee costs depends on acting in interests of estate, obtaining court directions, and reasonable conduct.
CPR PD 46
Exceptions to usual costs rules in probate cases: (1) Deceased caused litigation; (2) Circumstances reasonably led to investigation.
Spiers v English [1907] P 122; Kostic v Chaplin [2007] EWHC 2909 (Ch)
Outcomes
Neither claimants nor Grizzle Children to pay each other's costs.
Claimants partially succeeded (Stanley Road trust upheld), Grizzle Children partially succeeded (intestacy of residue). Claimants acted in Theodora's interest, not the estate's, and failed to conduct sufficient pre-action investigation.
Claimants not entitled to indemnity from estate for costs.
Claimants acted primarily for Theodora's benefit, not the estate's.
Grizzle Children's costs to be paid from residue before division.
To prevent Lee and Kym from receiving a risk-free windfall.