Standard Costs If You Don’t Use
“No Win No Fee”
1. Contesting Wills
2. Making a family provision claim
The costs of contesting a will then will need to be covered upfront if you don’t choose the no win no fee option. If your case is successful, your costs may be reimbursed by the estate and if you progress to court, then if successful, the court will generally rule that the estate must pay party/party costs or ‘ordered’ costs which will usually cover about 70% of your solicitor/client costs. You will then need to pay the rest out of your allotted share of the estate.
- The type of claim you are making and the value of the estate?
- The nature and extent of any complications surrounding your claim?
- How open the executor is to negotiating a settlement to avoid court?
The average cost to contest a ranges from $5,000 – $12,000 if the matter stays out of court. If the matter goes to court, the average cost to contest a will would typically be $20,000 – $150,000.
Costs typically will vary on a case by case basis, some factors are:
Family provision claims finalised through mediation, the average cost will be around $30,000.
However, if you end up in court, this can increase to more than $50,000 including the costs of junior barristers and more for senior barristers, if required.