1Where executors act reasonably in propounding arguable construction and rectification arguments concerning a poorly drafted codicil, their costs are payable from the estate on an indemnity basis under UCPR r 42.25, even though their arguments were ultimately rejected and they stood to benefit personally as beneficiaries.
2A successful party's application for indemnity costs will be refused where the unsuccessful party's case was reasonably arguable, and the assertion that the case had no chance of success is infused with the benefit of hindsight.
