The two recognised exceptions to the general rule that costs follow the event in probate actions — conduct of the testator or those interested in the residue causing the litigation, and the losing party being reasonably led into litigation by bona fide belief — will not be established where the plaintiff's real purpose was to mount a collateral attack alleging fraud and undue influence without pleading those matters. Indemnity costs may be refused even where the proceedings were conducted unreasonably, if there was fault on both sides. The Fourth Schedule limits may be removed where the nature of the unsuccessful party's case required the successful party to address aspects ultimately not pursued.
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