Where the proceedings concern P’s property and affairs, the general rule is that the costs of the proceedings or of that part of the proceedings concerning P’s property and affairs shall be paid by P or charged to his estate.
Where the proceedings concern P’s personal welfare, the general rule is that there will be no order as to the costs of the proceedings, or of that part of the proceedings that concerns P’s personal welfare.
Where the proceedings concern both property and affairs and personal welfare the court, insofar as practical, will apportion the costs as between the respective issues.
The court may depart from these general principles if the circumstances justify. The court will have regard to all the circumstances including:
(a) the conduct of the parties;
(b) whether a party succeeded on part of his case, even if he has not been wholly successful; and
(c) the role of any public body involved in the proceeding.
Unless the court directs otherwise, assessment of costs is on the standard basis although the court retains the discretion to order costs on the indemnity basis. Professional deputies may apply to the court for an order for costs on the indemnity basis if they consider the circumstances of the case justify such an order. However, professional deputies undertaking work in expectation of receiving costs on the indemnity basis do so at their own risk that such an order may not be made.
It is not possible to define exactly what circumstances might persuade the court to agree to an assessment on the indemnity rather than the standard basis. There are an infinite variety of situations that might justify the making of such an order and the Judge has wide discretion in relation to the ordering of costs. The onus is therefore on the solicitor deputy to persuade the court that costs should be paid on the indemnity basis.