Assessment of Costs

(a) The court may assess the cost of a hearing held pursuant to the terms of this division, including the fee of the guardian ad litem, to the plaintiffs, provided that if any defendant files counterclaims or any person intervenes, the cost shall be assessed by the court as justice may require. (b) In any case where it is found that the defendant fraudulently created the instrument that is sought to be canceled, the plaintiff shall be entitled to recover all costs, including reasonable attorney fees, incurred in bringing the action to cancel the instrument. (Acts 1951, No. 882, p. 1521; Act 2026-536, §4.)