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Who Pays Legal Fees in an Estate Dispute?

May 1, 2026

If you’re involved in an estate dispute, one of the biggest questions is often: who ends up paying the legal fees?

In most court cases, the general rule is simple—the losing side pays a portion of the winning side’s costs. But estate disputes don’t always follow that rule.

A recent decision from the British Columbia Court of Appeal shows how things can be different when it comes to estates. In this case, the Court confirmed that in unusual or complicated situations, legal fees can sometimes be paid out of the estate itself.

So, what does that mean in practice?

Estate disputes often arise because something isn’t clear—maybe the will is being challenged, there are concerns about how someone handled a power of attorney, or there are disagreements about how the estate is being managed. In situations like these, going to court can be necessary just to sort things out.

When that happens, the court may decide it’s fair that the estate—not the individuals involved—covers some of the legal costs. This is especially true where multiple people have a legitimate reason to be involved and the issues aren’t straightforward.

That said, this isn’t guaranteed. The court will still look at the specific circumstances, including how each party behaved and whether the dispute was reasonable in the first place.

The takeaway? Estate disputes are different, and the financial risks don’t always follow the usual rules.

If you’re dealing with concerns about an estate, a power of attorney, or a dispute between family members, it’s important to understand your options early on. Reach out to our team to have a conversation about your situation—we’re here to help you move forward with clarity.

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