Private Client analysis: Costs are a hot topic in litigation over estates. The appeal case of Lumb v Lumb provides a cautionary reminder of the costs risks of probate disputes. Stuart had entered a caveat in the estate of his mother, Mrs Lumb, but not proceeded to advance his claim. His brother, Michael, therefore issued legal proceedings seeking pronouncement in solemn form in favour of Mrs Lumb’s last Will. Michael subsequently applied for summary judgment. This was granted, however, unusually the judge did not grant Michael his costs saying he was required to follow CPR 57.7(5)(b) which required no order for costs unless it was considered there were no reasonable grounds for opposing the Will. Michael appealed this unsatisfactory decision on costs. The appeal court agreed with him, reviewing well known probate cases on costs and interpreting CPR 57.7(5)(b) more narrowly, and in light of the costs ethos of the Civil Procedure Rules.