Does a fiduciary have to pay special costs in an estate litigation?
British Columbia, Canada
The following excerpt is from Wilson v. Lougheed, 2012 BCSC 1166 (CanLII):
Rules regarding costs have been developed in relation to select types of estate litigation. They add complexity by differentiating entitlement to costs depending on whether a party has been joined as an executor/ trustee and on the nature of the failed allegations. Special costs are routinely awarded to a party who is a fiduciary in circumstances where there has been no reprehensible conduct by that party or any other litigant: Mawdsley v. Meshen, 2011 BCSC 923 [Mawdsley].
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