Difference between revisions of "Making and Executing a Will (16:III)"
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It is well-settled that courts will allow a successful party in litigation to recover costs from an unsuccessful party. However, the rule that costs follow the event is generally modified in wills variation and interpretation actions. In the absence of misconduct, where the opinion, advice or direction of the Court is sought on a question relating to the validity or interpretation of a will, the Court may order the costs of all parties to be paid out of the estate. See ''[https://www.canlii.org/en/bc/bcsc/doc/2012/2012bcsc1166/2012bcsc1166.html?autocompleteStr=Wilson%20v%20Lougheed%2C%202012%20BCSC%201166&autocompletePos=1 Wilson v Lougheed]'', 2012 BCSC 1166. | It is well-settled that courts will allow a successful party in litigation to recover costs from an unsuccessful party. However, the rule that costs follow the event is generally modified in wills variation and interpretation actions. In the absence of misconduct, where the opinion, advice or direction of the Court is sought on a question relating to the validity or interpretation of a will, the Court may order the costs of all parties to be paid out of the estate. See ''[https://www.canlii.org/en/bc/bcsc/doc/2012/2012bcsc1166/2012bcsc1166.html?autocompleteStr=Wilson%20v%20Lougheed%2C%202012%20BCSC%201166&autocompletePos=1 Wilson v Lougheed]'', 2012 BCSC 1166. | ||
'''NOTE: The sample clauses throughout this document are merely examples. You should ensure that the clauses you use are appropriate and that the will is internally consistent.''' For example, if specific bequests are given to various persons, another clause in the will should not dispose of the entire estate, but may dispose of the residue. Consult a qualified lawyer, the CLEBC ''Wills and Personal Planning Precedents'' resource or any other books on will precedents for additional assistance with the structure of various clauses. | :'''NOTE: The sample clauses throughout this document are merely examples. You should ensure that the clauses you use are appropriate and that the will is internally consistent.''' For example, if specific bequests are given to various persons, another clause in the will should not dispose of the entire estate, but may dispose of the residue. Consult a qualified lawyer, the CLEBC ''Wills and Personal Planning Precedents'' resource or any other books on will precedents for additional assistance with the structure of various clauses. | ||
=== 2. Actual Drafting === | === 2. Actual Drafting === | ||