Contentious probate

In re Good deceased Carapeto v Good and others (Ch D TLR 22 May)

Spiers v Engish ([1907] P 122) established the principle that in contested proceedings as to the validity of a will the judge could make an alternative order to costs following the event where the testator or those interested in the residue had been the cause of the litigation, or if the circumstances led reasonably to an investigation. That principle survived CPR rule 44.3 which prescribes that the normal order is for the unsuccessful party to pay the costs.