When will a judge refuse an application for costs by plaintiffs who have successfully challenged the testator's mental capacity?
British Columbia, Canada
The following excerpt is from Brydon v Malamas, 2009 BCSC 80 (CanLII):
A similar result occurred in Stanton v. Stanton Estate 2008 BCSC 470, where Bernard J. refused an application for costs by plaintiffs who had unsuccessfully challenged the testator’s mental capacity. In both of these cases it was found that the “proceeding was in substance an adversarial dispute between beneficiaries.”
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