How much does it cost to contest a Will

Published 24 Jan 2019

Author: David Cossalter

The overall cost of contesting a Will in New South Wales can vary, based on the size of the estate, length of the legal process, number of beneficiaries and other considerations.

A study conducted by Queensland University, the University of Victoria and the Australian Centre for Health Law Research showed that the median cost taken from assets was $11,900 in estates worth under $500,000. But, in addition to those expenses, around a quarter of those disputing a Will incurred many additional costs.

The first step you should take is figuring out if making a family provision claim is worth these potential expenses.

Considerations before contesting a Will

Before disputing, considerations may be:

  • The size of the estate, including cash, property and trust accounts.
  • If legal costs are taken from the estate, will there be a substantial amount left for compensation?
  • Are any other beneficiaries interested in making a family provision claim?
  • Legal expenses for your representation.
  • Costs of time and energy it will take to navigate these matters, including if you have to miss work.

Who can contest a Will?

Usually a close family member will decide to contest a Will. The same study mentioned above showed that 86 per cent of claims were brought by an immediate family member or members. Other people who may file a family provision claim under the Succession Act 2006 include:

  • A spouse or partner living in a de facto relationship at the time of deceased's death.
  • A child.
  • A former spouse or partner.
  • Someone who was at one point in time dependent on the deceased, whether in part or in full.
  • A grandchild or a member of the household of the deceased.
  • Someone who was living in a close personal relationship with the deceased at the time of death.

How much will legal help cost?

If you're seeking legal help to make a family provision claim, many lawyers offer no win, no fee arrangements. This means that you won't have to pay unless the case turns out in your favour. This allows you to put the potential costs to one side during the process

Our experienced team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers operates on a no win, no fee basis, and we'll provide you with a free consultation. Give us a calltoday to learn more about our services.

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