When a will is contested, one of the most pressing concerns for all parties involved is understanding who will bear the costs of the legal proceedings. The financial implications can be substantial, and the rules governing cost allocation in will disputes are complex and often misunderstood.
The general rule: Costs follow the event
In most civil litigation, including will disputes, the general principle is that “costs follow the event” – meaning the unsuccessful party pays the legal costs of the successful party. However, will contests often involve special circumstances that can alter this standard approach.
Courts recognise that estate disputes are inherently different from commercial litigation, as they often involve family members and emotional circumstances that may justify departing from the usual cost rules.
