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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 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


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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