Unsuccessful proponents of a will who acted reasonably at trial may have their trial costs paid from the estate, but if they choose to appeal an adverse ruling, they bear the risk of the appeal costs personally. The interests of non-party beneficiaries of the estate are a relevant consideration in determining whether appeal costs should be borne by the estate. Part 2 of the Appeal Costs Act 1998 (Vic) does not provide for an indemnity certificate where the appeal has been dismissed.
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