Another example of costs not always coming out of the estate in probate cases. In Shaw v Tane (No 2) [2023] QSC 19 the unsuccessful plaintiff was ordered to pay the defendant’s costs of the proceedings.
It is a (very common) myth that everyone’s costs will be bourne by the estate in solemn form probate cases.
Just because you are the executor in a will does not mean you are duty bound to propound the will. Costs consequences may follow if you do and it is found to be invalid
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