Re Mason; Scott & Anor v Petsas [2017] VSC 687

Judgment type: 
Supreme Court of Victoria
McMillan J

In the matter of the will and estate of Mason, Anthony Ivan, deceased and In the matter of s34 of the Administration and Probate Act 1958. Between: Scott, Amanda and Scott, Deborah v Petsas, John (as executor of the will and estate of Anthony Ivan Mason, deceased)

Judgment Date: 
14 November 2017

COSTS - Estate litigation - Defendant named executor in deceased's will - Plaintiffs beneficiaries under the will - Plaintiffs sought orders removing defendant as executor of the estate - No grant of probate - Proceeding misconceived - Whether plaintiffs entitled to costs out of the estate - Supreme Court Act 1986, s24.

[2017] VSC 687