How Much Will a Will Contest Cost?
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Costs to Contest a Will in Victoria
A normal case that finalises at mediation will cost about $30,000. The variation in costs depends upon three things.
1. whether you have agreed to a fixed quote or just an estimate of fees.
2. if you have agreed to an estimate, what hourly rate have you agreed to? $350 per hour or $550 per hour. Although experience always beats inexperience.
3. how experienced (or inexperienced) your solicitor is in family provision.
Solicitors Time Costing at Hourly Rates.
If you have an agreement based on hourly rates, your solicitor will charge you in 10 minute intervals for the work he or she does for you including emails and phone conversations with you and the estate lawyer, letters to you and the estate lawyer, affidavits, attending mediation, attending court and more.
Supreme Court Chief Justice The Hon Wayne Martin.
Seven years ago the Chief Justice made a speech at the launch of Law Week critical of the legal profession for continuing to charge clients on the basis of time costing using hourly rates. One point was, the only way for clients to truly compare solicitors costs was for both solicitors to quote a fixed fee.
Look Carefully at "No Win, No Fee" Cost Agreements.
You may not want to find in your Costs Agreement:
- % extra fee for a 'Successful Outcome'.
- Interest on any late payment of fees.
- Charges for secretaries, paralegals or other juniors.
- Five (5) day cooling off period.
- Charges for postage, photocopying, searches.
- Charge for couriers, messengers and travel.
- Upfront charges for your barrister.
- Upfront charges for subpoenas and searches.
- Monthly or interim invoices.
In Family Provision cases the defendants' costs (win or lose) are almost always paid out of the estate.
In Family Provision cases The claimants' costs are usually always only paid out of the estate if you "win".