What is the current state of the law in BC where costs are not paid out of the estate?

British Columbia, Canada


The following excerpt is from Leung v. Chang, 2014 BCSC 1243 (CanLII):

In contrast where the validity of a will is at issue, Madam Justice Gray, in Maddess v. Racz, 2009 BCSC 1550, after thoroughly canvassing the pertinent authorities, concluded that the jurisprudence does not demonstrate that costs are “normally” paid out of the estate (at para. 59).

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