Trustees of deceased estates should not assume that costs of an unsuccessful appeal in Part IV family provision proceedings will automatically be borne by the estate. Trustees appeal at their own risk and can arrange indemnities from beneficiaries who wish to pursue an appeal. A Calderbank offer involving a minimal discount (here $25,000 on $450,000 and $5,000 on $400,000) may not be sufficient to render rejection unreasonable, particularly when made shortly before the hearing date.
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