Following a successful application to rectify a will, the court determined the appropriate costs allocation among the parties.
The estate trustee sought costs against two respondents, while one respondent sought costs against the estate or the drafting solicitor.
Applying Rule 58.06 and Rule 49 of the Rules of Civil Procedure, the court considered the successful party principle, settlement offers, the conduct of the parties, and proportionality.
The court concluded that the litigation arose from the testator’s own actions and therefore reasonable costs should be borne by the estate.
Costs were awarded to the estate trustee and one respondent from the estate, while another unsuccessful respondent was denied costs.
