Civil Law (Costs in Probate Matters) Bill 2017

Public bill · Private Member · Presented

Changes the usual court-costs rule for probate and estate disputes, so that people who lose cases challenging a will, an estate’s administration, or a claim against an estate will generally have to pay the other side’s costs themselves, instead of drawing those costs from the estate. It aims to stop estates being worn down by weak but “reasonable” challenges, especially smaller estates, and to protect a person’s right to leave property to chosen heirs. The explanatory memorandum on page 3 says it removes the old *Vella v Morelli* practice for these cases while preserving existing protections for executors, administrators, and others involved.

Formal long title

Bill entitled an Act to reform the law in relation to the liability of unsuccessful parties to pay the costs of certain civil actions commenced by them challenging the validity of wills or the administration of intestate estates or making certain other claims in respect of the estates of deceased persons and to provide for related matters.

Last updated 19 February 2020