The Court may make orders capping the costs recoverable by a party in family provision proceedings
The Effect of Refusing Settlement Offers on Costs Orders
An unsuccessful party may be required to pay both their own costs and the other side’s costs, if they unreasonably refused an offer which was better than the outcome of the case.
Does the Outcome of the Case Affect the Costs?
The costs of contesting a will in family provision are generally paid out of the estate, particularly where an applicant is successful. However, the outcome of the case can affect the costs order which the court sees fit to make, consequently, particularly in cases where the applicant is unsuccessful, the costs will not necessarily be paid out of the estate. The following cases provide an example of the range of costs orders which may be made in cases where the applicant is unsuccessful, demonstrating that the orders made will vary depending on the circumstances of the case.