Re Clarke 10370284

Wills & Trusts Law Reports | January/February 2013 #126

A previous order of the court had invited any parties seeking costs to lodge written submissions. Family members and the professional deputy submitted that their costs should be charged to Mrs Clarke’s estate.

Michael Clarke (the son of Mrs Clarke) wanted this decision postponed and an order for disclosure and for production of further accounts of the deputy and OPG.

Held (allowing the costs to be charged):

  1. (1) There was no basis for departure from the general rule.
  2. (2) Michael Clarke’s application was refused.