Costs decision following a lengthy will challenge trial.
Although the plaintiff ultimately proved the validity of the will and became executor and principal beneficiary, the court found the defendants had reasonable grounds to challenge the will due to numerous suspicious circumstances and the plaintiff’s own conduct.
Applying Rule 57.01 and the modern estates litigation approach, the court held that the usual “loser pays” principle may yield where there is a reasonable basis to question testamentary capacity or execution.
Given the suspicious circumstances and litigation conduct, it was appropriate for the estate to bear the litigation costs.
The court fixed costs for the plaintiff and defendants at specified amounts payable from the estate.
