Contested will

David Robert Perrins v (1) Richard Philip Holland (as executor of the estate of Robert Merrins, deceased) (2) Sharon Ruth Moore (as executor of the estate of Robert Perrins, deceased) (3) Anne Dooney [2009] EWHC 2558 (Ch) Ch D (Birmingham) 21 October

The claimant had unsuccessfully challenged the validity of the deceased’s will which had left his estate to his carer, the defendant. After commencement of the probate and inheritance proceedings, the defendant had offered to settle. The claimant did not accept that offer. Following judgment, the claimant argued that he could demonstrate a positive case for not merely exonerating him from having to pay any one else’s costs, but for having his own costs paid. The claimant submitted that: (1) the litigation had been induced by uncertainty over the deceased’s testamentary capacity and compounded by the failure of the legal executive with charge of the deceased’s will, to have consulted a medical practitioner about his mental capacity; (2) the uncertainty surrounding the will had been compounded by untruthful or exaggerated evidence provided by the defendant and the legal executive;