Legal costs are incurred in any legal proceeding, with the general rule being that the successful party has their legal costs paid by the unsuccessful party. A proceeding involving a challenge to a Will is no different. However, in certain circumstances, the legal costs may be ordered to be paid out of the will-maker’s estate.

Is it therefore important that you obtain advice before undertaking a challenge to a Will so as to avoid any order being made against you for the payment of legal costs.