Author: Reg Biddulph
The cost of disputing a will in Western Australia can vary, based on the size (and complexity) of the estate, the issues in dispute, the number of beneficiaries and the attitude of the parties to the dispute (amongst other things).
This ABC news article gives a good summary of typical cost of having a day in court. Unfortunately, will disputes tend to have a high degree of emotion attached to them. Nevertheless, a high percentage of them settle at mediation.
The first step you should take is figuring out if making a family provision claim is worth the emotional and potential expenses. Where an estate is small (less than $500,000.00) many persons choose simply not to pursue a case and that may well be a sound decision.
Considerations Before Contesting a Will
Before disputing, considerations may be:
- The size of the estate, including cash, property and trust accounts.
- If legal costs are taken from the estate, will there be a substantial amount left for compensation?
- Are any other beneficiaries interested in making a family provision claim?
- How will you pay for your legal representation?
- Costs of time and energy it will take to navigate these matters, including if you have to miss work.
Who Can Contest a Will?
Usually a close family member will decide to contest a Will. In Western Australia this will usually be:
- A spouse or partner living in a de facto relationship at the time of deceased’s death.
- A child.
- A grandchild who either lived with the Deceased or whose own parent has already died.
How Much Will Legal Help Cost?
If you’re seeking legal help to make a family provision claim, many lawyers offer no win, no fee arrangements. This means that you won’t have to pay unless the case turns out in your
Our experienced team at Biddulph & Turley operates on a ‘no win, no fee’ basis and we’ll provide you with a free consultation. Call now on 9398 5533 to learn more about our services.