In Family Provision Act cases where the claim had merit but failed because the estate was insufficient to meet all competing needs, the 'overall justice of the case' may warrant no order as to costs against the unsuccessful applicant. The borderline nature of the claim and the reasonableness of bringing it are relevant factors.
The full text is available to signed-in members, including the 49 later cases that cite this judgment.
2 of the 49 citing cases carry a classified treatment. How each court treated it is available to signed-in members.