Probate Contests: Fees awarded absent bad faith or wrongful conduct

In re Estate of King

, 920 N.E.2d 820 (Mass. 2010): Massachusetts law allows the probate court to award costs and expenses, including attorney’s fees, to either party in contested cases “as justice and equity may require.” In In re Estate of King, 920 N.E.2d 820 (Mass. 2010), the Massachusetts Supreme Judicial Court definitively interpreted the statute, holding that (1) the costs and fees may be awarded against a party absent bad faith or wrongful conduct and (2) under the circumstances (the judge hearing the motion on the award was not the trial judge) an evidentiary hearing must be held if requested. The court also established criteria for setting the amount of fees.