Does the general costs rule apply in estate litigation?
British Columbia, Canada
The following excerpt is from Boyar (Re), 2014 BCSC 1571 (CanLII):
In Woodward v. Grant, 2007 BCSC 1549, Justice Gray noted that there are compelling arguments for the general costs rule to be applied in estate litigation. She noted that a general practise of awarding costs from the estate could encourage probate litigation and discourage settlement; and the result would be to defeat the testator's intentions to the extent that the costs awarded "…reduced the size of the estate available for distribution" (at para. 16).
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