Costs in Contentious Probate Proceedings and Case Law

Practitioners will often be able to advise clients on the processes for making a claim in contentious probate proceedings, but often the costs side is missed. How you are paid for a case is important, not only for you as a business, but also to the client who may not be aware that they could be at risk of significant costs in cases when they go to Court.

Costs should be regularly reviewed and discussed with clients, as well as their options. Some may decide on balance not to proceed with a claim. In other cases, it may be that they feel that mediation may be a better option. Without being able to explain the options and how it will work, it is impossible for them to make an informed decision.

This session will run through the costs of proceedings and who would be liable for the same. In addition we will consider some recent case law in this area.

Learning objectives:

You will learn:-

1. How costs can be charged in contentious probate cases
2. How judges will view costs
3. Options available, such as settlement
4. How conduct can affect a costs award
5. Recent case law, highlighting this area and how costs have been levied by judges