Wondering the cost of contesting a will in Queensland? Then you have come to the right place. Here we will briefly discuss the costs involved with contesting a will.
If you are considering challenging a will, the best thing to do is seek legal advice. Call us on 07 3073 2405 to get a complimentary consultation with a lawyer about your chances of successfully contesting a will and the cost involved.
Cost of Contesting a Will in Queensland
The cost of contesting a will in Queensland or anywhere in Australia is not cut and dry. However, there are some factors that will determine how much legal action will cost. These include the following factors: how long the dispute goes for and the co-operation between the parties.
How long the dispute goes for?
If the will dispute is easy to resolve with the other parties with some limited correspondence, a will dispute will not cost a lot of money. However, if the will dispute is lengthy and substantial and involves filing a family law provision application, it can cost significantly more money.
The good news is that many of our will disputes are dealt with on what is known as a deferred fee basis, that is, you do not have to pay upfront and payment usually made out of the proceeds of the estate when the matter is finalised. We will let you know if your matter is eligible for a deferred fee plan after we have an initial complimentary consultation with you over the phone.
The co-operation between the parties
Another cost factor is the co-operation between the parties. If the other side staunchly defend, the situation will prove more costly than parties who are agreeable to negotiate.
Who can contest a will?
Your right to contest a Will in Queensland comes from the Succession Act 1981 Qld. You may contest a Will you are named in if you are an eligible person:-
- a spouse (including de-facto spouse);
- child (including step-child); or
- a person who was substantially maintained or supported by the deceased and you are their parent, child under 18 years of age or the parent of a child of the deceased who is under 18 years of age.
If you don’t fall into one of these categories, you should consult with an Estate Dispute Lawyer to see if you may still be eligible.
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If you are thinking about making a will dispute, the best thing to do is call us on 07 3073 2405 to get a complimentary consultation with a lawyer as to your prospects of a successful case.
