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Court Costs In Estate Litigation

 Court costs in EL

Court Costs In Estate Litigation:

Jung v. Lee Estate, [2007] B.C.J. No. 2592 provides a useful summary of costs in estate litigation:

The costs follow the event unless the court otherwise orders.
If the cause of the litigation originated from the conduct or errors of the testator (i.e. unclear wording or validity of the will), then the costs of all parties will generally be paid from the estate on a full indemnity basis.
If the action relates to questions of capacity or allege undue influence or fraud, the court will not normally make an order for costs against the unsuccessful party.
Where the proceedings are adversarial in nature (relief litigation) costs follow the event.
All cost awards are subject to the court’s discretion and an overriding test of reasonableness.

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