In Parker v. Thompson, 2014 BCSC 2311, at para. 10, the court indicated that the costs regime for general civil litigation applies in estate litigation, except in a limited number of circumstances where public policy considerations permit costs to be paid out of the estate. As explained in the quote at para. 11 of the case, where the validity of the will, the capacity of the will-maker, or the meaning of the will is in issue, the costs of the parties can be ordered to be paid out of the estate. This is upon the principle that if such an issue must be litigated to remove doubts about the estate, then the interested parties should not be out of pocket if the result is not in their favour.
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