Pirovic v Barbieri

Pirovic v Barbieri is a case that involves a contested probate application regarding the testamentary capacity of a deceased person. The matter was heard in the Supreme Court of New South Wales. The dispute arose from a disagreement between the parties about the capacity of the deceased to make a valid will and, subsequently, the appropriate allocation of legal costs associated with the application.

The legal issues before the court centred on the capacity of the deceased to execute a will and the proper basis for awarding costs in such contested probate applications. Specifically, the court had to decide whether the costs incurred should be borne by the estate or personally by the parties, and if they were to be borne personally, whether the costs should be assessed on an ordinary or indemnity basis.

The court addressed these issues by examining the relevant legal principles and precedents. It was determined that the deceased had the requisite testamentary capacity to make a valid will. Consequently, the court considered the principle that costs should typically be paid out of the estate unless there are exceptional circumstances warranting personal liability. The court found that the circumstances did not justify the costs being borne personally by the parties. Therefore, the court ruled that the costs should be paid out of the estate on an ordinary basis, meaning each party would bear their own costs.

In conclusion, the court made orders that the legal costs associated with the contested probate application would be paid out of the estate on an ordinary basis. This decision aligns with the principle that, in the absence of exceptional circumstances, costs in such matters should not be borne personally by the parties.