Legal Costs

Legal costs are a very important factor in cases involving a challenge to the validity of a Will. The rules are different to contesting a will (family provision). Generally the costs follow the event. In other words the loser pays both sides legal costs. Accordingly the loser could face paying huge legal costs especially in complicated challenges.

Sometimes the loser may obtain am order that the estate pay his or her legal costs. This occurs if the court decides the cause of the uncertainty regarding the Will was brought about by the deceased and the parties had every right under the circumstances to bring the action before the court and obtain an order from the court to find the correct answer.

Sometimes the cause of the problem regarding the Will can be the fault of one of the lawyers involved or some other party and in that event the court can order the responsible person to pay the legal costs or part of the costs.