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Monthly Archives: January 2026
2 ResultsOffers to Settle and Costs Awards
by: Karen Watters, January 20, 2026
In estate litigation costs awards follow the “loser pays” principle. This means that generally the party who is unsuccessful in court will be ordered to pay a portion of the successful party’s costs. (There are factors that the court will consider that could deviate from the “loser pays” principle, such as where the litigation is…read more
When Joint and Severally Appointed Attorneys Disagree: How the Court Resolves Conflict Under a Power of Attorney
by: Iryna Huk, January 6, 2026
A grantor may appoint more than one person as attorney under a power of attorney and may specify whether those attorneys are to act jointly or “jointly and severally”. Where attorneys are appointed jointly, they must make decisions together and are collectively responsible for each other’s actions. By contrast, a joint and several appointment permits…read more