Who Pays for Contesting a Will in Victoria?
Our People:
Who pays my legal costs for contesting a Will?
The usual rule in Victorian Court proceedings is the losing party is ordered to pay a significant percentage of the winning party’s legal costs.
What Happens in a Will Contest Claim? Does the Usual Cost Rule Apply? If you make a contest Will claim, are you at risk of paying a significant % of the estates legal costs?
This is what you need to know about who pays the legal costs for a Will contest claim in Victoria:
1. Overwhelmingly, the estate usually pays all of your contest Will legal costs. About 98% of our client’s Will contest claims resolve by settlement agreement at or prior to mediation without the Court deciding which of you and the estate pays what legal costs.
The usual term of our client’s Will contest settlements is the estate pays 100% of his or her legal costs.
2. If in the rare circumstance your contest Will claim fails to settle at or prior to mediation with the Court deciding the outcome, subject to being successful the Court would very likely order the estate pay a significant % of your legal costs.
We have never had a cost order made against a client in a Will contest claim in Victoria decided by the Court.
3. The risk to you as a contest Will claimant of having to pay a significant percentage of the estate’s legal costs is remote.
Whilst it is possible, in our experience the risk should be almost zero subject to the merit and strength of your contest Will Victoria claim being carefully assessed.
Find out more about legal costs for Will contest claims in Victoria
Talk to one of our lawyers about your claim. Galbally & O’Bryan is one of Victoria’s leading contest Will law firms. We offer a free first consultation over the phone and ‘no win no fee’ terms.
Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Will contest lawyers. Andrew and Carl will review your case and provide clear, easy to follow advice and take action to give you the best possible outcome.
