Following a successful motion by certain beneficiaries to strike a will challenge on the basis of estoppel, the court determined costs arising from the motion.
The unsuccessful parties argued that costs should be paid from the estate due to the alleged novelty of applying estoppel to bar a will challenge within the limitation period and contended the claimed costs were excessive.
The court rejected that position, emphasizing the modern principle that estate litigation costs are not automatically payable from the estate.
Applying the factors in Rule 57.01 and the Courts of Justice Act, the court fixed partial indemnity costs for the successful moving parties and reduced certain billed amounts for duplication and excess.
Costs were ordered payable personally by the unsuccessful challengers rather than from estate assets.
