Determining financial responsibility for litigation arising from challenges to testamentary documents is a complex issue governed by state law and judicial discretion. The allocation of expenses, including attorney fees, court filing charges, expert witness fees, and other related disbursements, varies significantly based on the jurisdiction and the specific circumstances of the case.
The manner in which these expenses are handled can have a substantial impact on the pursuit of justice and the accessibility of legal recourse for potential heirs and beneficiaries. Historically, the American Rule generally prevails, dictating that each party bears its own expenses. However, exceptions exist, particularly in probate matters, where the court may order the estate to pay the costs if the challenge benefits the estate as a whole, or if the testator’s conduct created ambiguity necessitating litigation.
