Will the estate or my opponent have to pay my legal costs?
This is often one of the most important questions we receive from prospective new clients. If you have no ability to recover your costs, it may dissuade you from making a claim or mounting a challenge.
If you are a claimant, an entitlement to recover costs arises from the point that court proceedings are issued. As a point of principle, your reasonable costs are recoverable if you succeed with your claim. Costs are always at the discretion of the court though, and so there may be occasions when you have succeeded on a claim, or a particular point, but costs have not been awarded.
If you are a defendant or a personal representative of an estate, provided that you act properly and neutrally, you are entitled to recover your costs from the estate.