Will an applicant be awarded costs if their claim for further provision from an estate is unsuccessful?

I often have clients asking me if their costs for bringing a family provision application will be paid from the estate if their claim is unsuccessful. I have previously written about legal costs when disputing a Will. I was interested to read a new decision of the Supreme Court of Western Australia which concerned an

Horwood v Ah Shay [2014] QDC 199 – When will provision be made for a step-child from a small estate?

I have recently written about step-children and their eligibility to apply to the Court for provision from their step-parent’s estate. I have now read with interest a recent decision in which the Court made provision from a small estate for the Willmaker’s step-son. Background The background of the case is as follows: Mr AS died