Another warning that costs do not always come out of the estate in contested estate litigation.  In Coates v Wattson Windeyer AJ in the NSW Supreme Court refused to award costs to an unsuccessful party out of the estate in a rectification case where the evidence was clear that the will should be rectified.  “The defendant seeks an order that his costs be paid out of the estate. That I think would still be a normal order in a construction suit, but this is not a construction suit.  Read the decision here.