Litigation costs of personal representatives and trustees: An update

Richefond and Stoney-Anderson in the spotlight

Jordan Holland

Two recent authorities have considered the application of general costs rules to contentious probate and administration proceedings and the ability of personal representatives to rely on their indemnity for properly incurred legal costs from the estate. Given the frequency with which the issue of trustee and personal representative parties' conduct and their ability to litigation costs from the trust fund or estate arises, they are worthy of consideration.