Will the loser pay legal costs in an Alberta estate dispute?

This answer covers the law of Alberta.

Often, but not always: in Alberta a successful party is generally entitled to a costs award against the unsuccessful party. Estate disputes add a twist, because the Court may order costs to be paid from the estate or by any person who is a party to the application.

The Court may order one party to pay another a costs award, and it may consider listed factors in deciding what to award. If a lawyer is appointed for a member of a class, that lawyer's costs are payable from the estate only if the Court specifically orders it. On a formal proof of a will, the Court may penalize a person who required proof if the application was frivolous or vexatious, caused undue delay, or had no substantial basis.

The Court may also order security for costs in contentious proceedings. Because a loss can mean paying toward the other side's costs as well as your own, it is worth weighing that risk early. Who ends up bearing costs depends on the facts and how the case ends, so confirm your position with a lawyer.