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High Court refuses application by former administratrix of estate of her late husband to her costs of unsuccessfully opposing proceedings which removed her from that role be paid out of the estate of her late husband, on the grounds that: (1) the applicant is not entitled to her costs as matter of right; (2) the proceedings could not properly be characterised as an 'administration suit', but instead bore all the hallmarks of a hostile lis inter partes dispute; and (3) the applicant demonstrably failed to account to her children as beneficiaries of the estate, which amounted to a special circumstance calling for her removal as administrator.
Application for costs - first respondent's application for her costs to be paid out of late husband's estate - proceedings brought removing first respondent as administratrix of estate - unopposed application by successful applicants and children of marriage for their costs of successful action to be paid out of estate - whether proceedings can be characterised as an 'administration suit' - entitlement to costs as a matter of course unless a charge of misconduct is established - Order 99 rule 1 RSC - special summons procedure - no absolute rule on administratix's entitlement to costs - public interest in proper administration of estates - costs follow event - extraordinary delay in administration of estate - want of proper capacity - special circumstances warranting removal - lis inter partes action - failure to account to lawful beneficiaries - in light of default, disentitled to her costs on that basis also - court's discretion - factors weighing court's discretion against application - application refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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