Costs in contentious probate proceedings

The starting point in contentious probate proceedings, like any other civil claim, is that costs will follow the event pursuant to CPR 44.2(2)(a) (“the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party”). The court nonetheless has the power to depart from the general rule under CPR 44.2(2)(b), and in the context of contentious probate proceedings there are to two long-established exceptions which may justify a departure: