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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22404
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Who pay the fees if a beneficary of a Last Will and testament

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Who pay the fees if a beneficary of a Last Will and testament contests the will? the estate or the beneficary who is contesting it?

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

If the application for better provision under the will is successful, the estate will usually pay costs, although the award is about 2/3 of actual costs. If the application is unsuccessful, then the applicant pays the costs, plus possibly the estate costs.

christhelawyer :

But while this is the general rule each case is decided on the merits. A strong casr will get costs from the estate

Customer:

Thanks for that, So If the applicant loses generally the applicant pays, If the applicant is successful the estate may pay all or up to 2/3 of the actual cost if the action have I read it right?

christhelawyer : Yes. This is the same for any court case, costs follow the result.
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