Disputed Wills - Legal Costs

Delancey

I have heard ( dunno where ) that in cases involving disputed Wills the tradition is that the legal costs for all parties are awarded from the disputed estate - is this actually the case ?
If so , does this not allow an embittered individual the opportunity to bring all manner of frivolous claims safe in the knowledge they will not have to face any financial consequences ( and quite possibly bankrupt an estate with legal costs ) ?

nuac

Yes if there is an objection on reasonable grounds, court may grant the objector his/her costs even if unsuccessful..

Costs unlikely to be awarded for a frivolous or vexatious claim.

Goesague

Look at this case. If there is a solicitor executor, one or more of the beneficiaries can keep contacting the executor and spend all of the estates monies in legal fees.

http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/aad4b657a69cad3c802576f0003772db?OpenDocument&Highlight=0,condon

Delancey

Goesague wrote: »

Look at this case. If there is a solicitor executor, one or more of the beneficiaries can keep contacting the executor and spend all of the estates monies in legal fees.

http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/aad4b657a69cad3c802576f0003772db?OpenDocument&Highlight=0,condon

That case was quoted recently in a discussion about Solicitors acting as Executors - seems it turned a lot of Solicitors off doing that particular service