Is a defendant entitled to his costs from the estate of the deceased who rectified the original will?
British Columbia, Canada
The following excerpt is from Conner Estate v Worthing, 2020 BCSC 1012 (CanLII):
As to the rectification claim, I conclude that the defendant is entitled to receive his costs from the estate. I so find because the rectification portion of the application was necessitated by the errors on the face of the will that required the intervention of the court, and falls within the types of costs that are caused by the will-maker as contemplated in Leung v. Chang.
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