How Much Does It Cost to Contest a Will?
Our People:
How much does it cost to Contest a Will in Victoria?
The usual cost range contingent on case complexity is $25,000-$40,000 inclusive of court fees and GST.
The costs are calculated on the lawyer’s hourly rate and not as a percentage of the settlement or court ordered amount.
Will my Contest Will costs be paid out of the estate?
Yes, it is usual as a term of your Will Contest settlement that all of your costs are paid out of the estate.
Overwhelmingly, cases settle at mediation or prior to trial with that cost payment term.
Do I need to pay any costs upfront to Contest a Will?
No, you should not have to pay any costs upfront to Contest a Will.
It is usual for lawyers to act “no win no fee”.
What are the usual “no win no fee” Will Contest cost terms?
The key term is there needs to be a “win”.
A Will Contest “win” is usually defined as you getting money or asset provision or additional provision out of the estate after deduction of your legal costs.
Lawyers who act “no win no fee” are allowed to charge a 25% uplift fee on their costs excluding disbursements.
To illustrate, if the lawyer’s fee was $20,000 and the 25% uplift was a term of the “no win no fee” agreement, the fee would be increased to $25,000.
Why is it important to ensure Will Contest costs are not excessive?
It is important because the court will scrutinise the lawyer costs charged in considering the reasonableness and proportionality of them before making orders finalising the proceeding.
By illustration, if it was agreed as a settlement term that $50,000 of costs charged to you would be paid out of the estate, the court may consider them excessive and only allow them at say $30,000. If that occurred, $20,000 of the costs would need to be paid by you.
A $15,000 cost cap also applies on estates worth $150,000 or less which are settled via legal proceedings prior to trial.
Again, if it was agreed as a settlement term the costs charged to you say $20,000 be paid out of the estate, only $15,000 would be allowed and $5,000 would need to be paid by you.
How do I minimise my Will Contest costs?
Costs can be minimised if your lawyer pursues your Will Contest claim in the correct cost streamline jurisdiction and acts efficiently in terms of his or her time.
Overwhelmingly, Will Contest claims are pursued in the County Court. This jurisdiction is cost efficient in not requiring sworn pre-trial or trial affidavit evidence with claims proceeding by exchange of position papers which set out key claim and defence details.
Costs can also be contained if no 25% uplift cost term be included in the lawyer’s “no win no fee” cost agreement.
Find out more about Will Contest costs relevant to your claim.
Talk to one of our Will Contest lawyers to get advice on your claim and the cost to pursue it.
We act “no win no fee” & do not charge any uplift fees.
Our Will Contest lawyers can help you successfully claim and ensure you get the best result.
Galbally & O’Bryan is one of Victoria’s leading Will contest law firms. We offer a free first consultation over the phone.
Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Wills lawyers. Both Andrew and Carl will review your case and provide clear, easy to follow advice and take action to give you the best possible outcome.
We have offices at Melbourne, Dandenong and Pakenham.
Contact us or call us on 03 9200 2533.
How to contact our Wills & Estates Lawyers
Contact our Wills & Estates lawyers
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Dandenong Office
Shop 9 / 147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E nglavic@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au