All About Estates

Tag: costs

Total 3 Posts

An Award of Full Indemnity Costs is Not a Fantasy

A recent cost decision awards full indemnity costs on a leave motion. The court found that if estate trustees are expected to bear their own litigation costs, they would refuse to be appointed and would also be reluctant to bring proceedings to advance the due administration of the estate.

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Applying Proportionality to an Award of Costs in Estate Litigation

The fine art of proportionality applied or hindsight run amuck? You decide.

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Choose your Estate Battles Carefully

Not a happy day for respondent beneficiaries where a rectification application they opposed was granted and the court then ordered that they pay the costs of the applicant personally. Estate litigation is no cake walk.

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