Does the Estate have to pay the costs of the unsuccessful daughter of a deceased father who failed to produce a valid will?
Alberta, Canada
The following excerpt is from Babchuk v. Kutz, 2007 ABQB 88 (CanLII):
The policy reason why the unsuccessful party bears the burden of the costs is to encourage litigants to settle their disputes, that is, to discourage litigation. Litigation is very expensive and often depletes assets. The competing policy reason why the estate sometimes pays the costs of both litigants is that society has an interest in ensuring only valid wills are probated. Sometimes litigation is necessary to ensure that the court supervises the probity of a particular will: Popke v. Bolt, at para 22 and 23. 1. Should the Estate pay the unsuccessful daughters’ costs?
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