Liability for Costs of Trial

If, following the filing of the petition provided in Section 1611 of this Title, the probate is not revoked, all costs of trial, including the prevailing party's costs and reasonable attorney's fees incurred for the contest, shall be paid by the contestant. If the probate is revoked, the costs of trial shall be paid by the party who resisted the revocation or out of the property of the decedent, as the Superior Court of Guam directs; provided, that if the probate is revoked, the contestant shall nonetheless bear his own attorney's fees. SOURCE: Probate Code of Guam (1970), § 383; Guam Law Revision Commission. COMMENT: The Commission has added to Section 383 of the Probate Code of Guam (1970) provisions for attorney's fees: under § 1617, the contestant in a contest after probate will always bear his own attorney's fees, no matter what the outcome of the trial of the contest. This inclusion should put prospective contestants on notice that there is a burden to be borne, and should have the effect on cutting down the number of spurious contests.