Usually, the successful party in legal proceedings will have some of their legal fees paid by the other party, at the discretion of the court. Specifically, in relation to legal proceedings to contest a Will, the court may give regard to:
whether a party has failed to comply with the rules or a practice direction of the court;
whether irrelevant material was put before the court;
the size of the estate;
any offer of settlement made by the parties; and
any other factors considered relevant.
If the applicant is unsuccessful in their claim, the Judge may make no order as to costs. This means that the applicant would then be responsible to pay his or her own legal costs. The applicant may also be required to contribute to the executor’s costs of defending the proceedings.
This is why it is extremely important to seek legal advice from a lawyer who specialises in estate litigation so that your case can be assessed accordingly, and you can find out where you stand from the very start. Our Gold Coast estate litigation lawyers will advise you on the strength of your case and likely outcome, including any expected costs.