The deceased’s son was found responsible for the killing of his parents but was not found guilty of murder by reason of mental impairment. The estates were left in equal shares to the son and daughter.

The granddaughter (daughter of the son) applied for approval of a compromise of two family provision applications.

The compromise was approved as it was found to be to the benefit of the granddaughter (including that her costs were paid from the estate).

The son and daughter were each represented. The son wanted both of their costs (his were much higher than hers) paid from the estate.  They were ordered to bear their own costs.  It was held that it would be unfair to the daughter for their costs to come out of estate because of the way the son had conducted the litigation (and hence his higher costs).

Read Smith v Whittaker here.