Be Sure To Mind Your Manners In Estate Litigation

Miss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts.

The Unsuccessful Litigant

Historically, costs incurred by the parties in will and estate litigation were paid out of the estate. Today, costs are to follow the event and the litigation must fall within a recognized exception in order for costs to be paid by the estate. In determining whether the estate should be responsible for the costs, the court will consider factors such as whether the testator caused the litigation, whether the challenge to a will was reasonable, whether there is an allegation of undue influence, and the size of the estate.