(1) Either the
superior court or any court on an appeal may, in its discretion,
order costs, including reasonable attorneys' fees, to be awarded
to any party: (a) From any party to the proceedings; (b) from
the assets of the estate or trust involved in the proceedings; or
(c) from any nonprobate asset that is the subject of the
proceedings. The court may order the costs, including reasonable
attorneys' fees, to be paid in such amount and in such manner as
the court determines to be equitable. In exercising its
discretion under this section, the court may consider any and all
factors that it deems to be relevant and appropriate, which
factors may but need not include whether the litigation benefits
the estate or trust involved.
(2) This section applies to all proceedings governed by this
title, including but not limited to proceedings involving trusts,
decedent's estates and properties, and guardianship matters.
This section shall not be construed as being limited by any other
specific statutory provision providing for the payment of costs,
including RCW 11.68.070 and 11.24.050, unless such statute
specifically provides otherwise. This section shall apply to
matters involving guardians and guardians ad litem and shall not
be limited or controlled by the provisions of RCW 11.88.090(10).
[2007 c 475 § 5; 1999 c 42 § 308.]
NOTES:
Severability -- 2007 c 475: See RCW 11.05A.903.