In probate actions in Western Australia, a party who has reasonable grounds to challenge a will on testamentary capacity and knowledge/approval grounds but who also pursues an untenable undue influence allegation may avoid a costs order against them, but will not be permitted to recover costs from the estate. The second category exception (sufficient and reasonable grounds to challenge) does not automatically entitle the unsuccessful party to costs from the estate. Unreasonable litigation conduct, including pursuing baseless allegations and refusing to cooperate with reasonable requests for disclosure to experts, will be weighed against the party in the costs discretion.
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