Who ultimately pays the costs must either be agreed or decided by the court. As with most litigation, the general rule is that the successful party recovers their costs from the unsuccessful party so, if a challenge to a Will succeeds, claimants can usually expect to recover their costs either from the estate or from those who opposed the claim. On the other hand, if a challenge to a Will is unsuccessful, you might be ordered to pay the other party’s costs. There are multiple considerations when determining costs liability and we provide advice on these at every stage of a dispute.