Following an eleven-day trial regarding the validity of a holograph codicil and the ownership of investment accounts, the court determined the issue of costs.
The applicant sought to have her costs paid from the estate, arguing she acted reasonably in seeking to administer the estate.
The court rejected this argument, finding she procured the invalid codicil in suspicious circumstances and for her sole benefit.
Applying the 'loser pays' principle, the court ordered the applicant to personally pay the respondents' costs, fixed at $2,217,768.69, taking into account the complexity of the proceeding and the respondents' offers to settle.
