Following an earlier order approving the sale of a significant estate asset and directing production of estate documents, the court determined competing claims for costs in estate litigation.
A beneficiary and former co-trustee sought full indemnity costs payable from the estate after supporting the estate trustee during litigation in obtaining approval of the property sale and production of estate records.
The court held that although estate litigation does not routinely justify costs payable from the estate, the beneficiary’s participation was helpful to the administration of the estate and contributed to a successful outcome benefiting all beneficiaries.
Full indemnity costs were awarded to the beneficiary from the estate.
A former co-trustee who resisted document production and failed to cooperate in the sale process was denied costs and ordered to bear his own legal expenses.
