The cost of contesting a Will in Australia can be rather expensive. You are probably wondering, though, how expensive are we really talking?
Unfortunately, the answer to this question isn’t a simple one. The fact is that the cost of contesting a Will can range very heavily and can be anywhere from a thousand dollars, well into the tens of thousands of dollars.
So what exactly affects the cost of contesting a Will so much? The following article will discuss these very factors.
What Is The Cost Of Contesting a Will?
The cost of contesting a Will in Australia is a highly variable matter. This variance will usually hinge on whether your case stays out of Court or not.
For matters that stay out of Court, the typical costs range is $5000 – $10,000.
If the matter does proceed to Court, there is no telling what could happen, and your case may cost you anywhere in the tens of thousands of dollars and even into the six-figure range.
In NSW, the costs of contesting a Will hinge on the following matters:
- The nature and extent of your claim;
- Whether the executor is open to negotiating a settlement; and
- Any complications which add to the time and therefore the expense of your matter
The Cost Of Legal Representation
The cost of a solicitor will typically depend on their experience and range from $300 – $500 per hour. Usually, the more experience a solicitor will have, the more likely they will be charging on the higher end of that bracket.
However, sometimes a solicitor may charge excessively with having regard to their experience, and so there are a few factors you should question; such as:
- How much experience does a solicitor have in contesting a Will? And is the cost of contesting a will with them worth it?;
- Does the solicitor have fixed fees or charge at an hourly rate?; and
- How many years of experience does this solicitor have in Wills & Estates matters?
Is The Cost Of Contesting a Will Out Of Pocket?
The costs of contesting a Will can be out of pocket, especially if you are unsuccessful in your claim.
The Courts have the power to make an order that will make it so that a substantial amount of your legal fees will come from the deceased person’s estate. However, it should be noted; this is likely only the case if you are successful.
It is also essential to be aware that you may be expected to pay the other side’s legal costs if you are unsuccessful in your claim. This is why it is so vital to contest a Will only after discussing the merits of your claim with an experienced Wills & Estates solicitor.
If you have any questions about legal fees, please do not hesitate to reach out to us. We are happy to discuss your prospects of success and what legal costs you can expect.
What About a No Win, No Fee Arrangement?
The common misconception behind this payment structure is that there is absolutely no cost of contesting a will if you are unsuccessful. Unfortunately, the reality is that if you are under this payment structure with your solicitor – this is only concerning their costs, and you will stay have to pay other legal fees.
The fees you are still required to pay include Court fees and filing fees.
Typically, you may also have to pay the other party’s legal costs if they are successful, and they seek to recover their legal costs from you.
Accordingly, the considerable risk is involved if you decide to contest a Will. This is why it is recommended you discuss your prospects of success with your solicitor before commencing litigation.
Importance of Seeking Legal Advice
When discussing matters such as the cost of contesting a will in Australia, it is essential to remember that there is no strict answer on how much your issue will cost you.
To better understand the cost of contesting a Will in Australia, you should discuss your particular circumstances with an experienced Wills & Estates solicitor. Please feel free to contact our team if you have any questions.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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Suppose you have any more questions regarding the contesting a Will or any other family law matters. In that case, you should head over to our blog section for more informative articles on a wide range of family law topics.
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