Court Costs In Estate Litigation

In Legal Definitions and Terms

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.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 50 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.