COST BITES 246: THE RECOVERABILITY OF PROBATE COSTS IN FATAL CLAIMS: HOW DOES A PARTY PROVE THEIR CASE?

The issue of whether the costs of obtaining probate are recoverable as costs in fatal accident, or Law Reform Act, claims is one that regularly arises. The principles involved are clear.  Here we have the Senior Costs Judge considering the burden of proof, or bar, for recoverability to be establishe...