How much does it cost to contest a will in Queensland?

The three stages, and where cost sits

Almost every family provision claim moves through the same three stages, and the cost difference between them is enormous:

• Notice and negotiation — a letter to the executor, financial disclosure, an offer. The cheapest stage by a wide margin, and where many claims end.
• Mediation — usually court-ordered before trial. Most Queensland family provision claims settle here.
• Trial — affidavit evidence, counsel, subpoenas and hearing. This is where costs escalate quickly for everyone, including the estate.

Does the estate pay the costs?

Not automatically, and it is a mistake to assume so. Costs are in the court's discretion. Successful applicants often have costs paid from the estate, but the court has been increasingly willing to order unsuccessful applicants — particularly those pursuing weak claims in small estates — to pay their own costs and sometimes the estate's.

The executor's reasonable costs of defending are generally payable from the estate, which is why an executor should not defend an ordinary claim to trial without advice.

No win, no fee

Some firms act on a conditional basis in estate claims. Read the agreement before you sign it: check the uplift percentage, whether disbursements are funded, what happens if the claim settles for less than the offer, and whether you remain liable for the other side's costs if you lose. No win, no fee does not mean no risk.

How to keep the cost down

Give notice within six months so the estate cannot be distributed. Provide complete, accurate financial disclosure at the start — incomplete disclosure is the single largest cause of wasted cost. Make a realistic offer early, and take the estate's size seriously: a claim that consumes a quarter of a modest estate has served no one.

We will tell you at the first appointment whether a claim is worth running, and if it is not, we will say so.

Frequently asked questions