Cost of Contesting a Will in Queensland Explained

Contesting a will in Queensland typically costs between a few thousand dollars, depending on the complexity of your case. However, most people want to know how much a claimant may pay upfront and when those costs come out of the deceased’s estate.

Our blog about the cost of contesting a will with Securator Legal answers these questions easily. Also, you can easily decide if pursuing your family provision claim makes financial sense.

This guide breaks down solicitor fees, court fees, and who typically pays these expenses. So, you’ll learn which fee arrangement suits your situation and what costs are involved at each stage.

Read on to understand the full picture before starting your claim.

What Does It Cost to Contest a Will in Queensland?

Legal costs for contesting a will in Queensland range from $10,000 for simple mediated settlements to over $100,000 for contested Supreme Court hearings.

However, this final amount varies based on three main expense categories. Let’s have a look at them in detail:

Legal Fees and Court Costs

You might be wondering why hourly rates fluctuate so much between law firms. Well, solicitor fees in Queensland range from $350 to $550 per hour for will contest issues because of experience.

For probate applications, Supreme Court filing fees cost $819.90 as of July 2025, regardless of your estate’s assets (and yes, Queensland’s flat filing fee is refreshingly simple compared to other states). But if you hold a concession card, then you’ll pay $149.60 instead.

Generally, barrister fees for court representation typically range from $3,000 to $5,000 per day. Suppose you’re heading to a two-day hearing on a family provision claim. Your barrister might charge $4,000 for the first day’s preparation and court time, then $3,000 for the second day. That’s $7,000 just for court representation before you count your solicitor’s hours.

Family Provision Claim Expenses

Drawing from our experience with Queensland family provision issues, claims that settle at mediation typically cost around $30,000 in total legal fees. These claims often cost less than other contests because mediation resolves most cases before reaching full court hearings (fewer hours mean lower costs).

Meanwhile, costs increase substantially if the estate disputes your eligibility or the case proceeds past mediation to a contested hearing.

Remember: Each additional court appearance, each round of legal arguments, and each month of delay adds to your bill at those hourly rates.

Fee Arrangements You Can Choose

Sometimes, “no-win no-fee” arrangements (called conditional costs agreements in Queensland) let you contest without upfront payment. Under these agreements, your lawyer is paid from the outcome, usually taking 25–30% of any settlement or court award, along with their standard fees. This works well if you’ve got a strong claim but limited cash at the moment.

Fixed-fee arrangements also provide you with cost certainty by setting a total price for specific stages. For example, a law firm might quote $15,000 to take your family provision application through to mediation. But you know exactly what you’ll pay regardless of how many hours they spend.

We’ve seen hourly billing offers the best flexibility, but it makes the final costs harder to predict. Similarly, your cost agreement will specify the rate, but the total depends on how hard the estate contests your claim (one aggressive estate lawyer can convert a $20,000 case into a $50,000 battle quickly).

Who Pays Legal Costs When You Contest a Will?

The deceased estate usually covers legal costs in family provision cases, though responsibility can change depending on the type of claim and the outcome.

Here’s the breakdown of cost outcomes that differ across estate disputes, with each claim type:

When the Deceased Estate Pays

In family provision claims, the estate often pays your legal costs when you succeed or reach a reasonable settlement. Queensland courts also look at whether you had sound reasons for bringing the claim before deciding who covers those costs.

According to the general rule, if you’re an eligible person (e.g., family members), inadequately provided for, unfairly left out, and you act reasonably throughout, then the deceased estate typically pays. Sometimes, even unsuccessful claimants receive costs from the estate under certain circumstances.

Suppose your late parents left everything to one sibling. So, you bring a family provision application, negotiate in good faith, and accept a fair settlement agreement. Then, the estate pays your legal fees as part of the deal.

Supreme Court Cost Orders

When deciding costs, judges often focus on the conduct of both parties throughout the case. They also consider settlement efforts, the reasonableness of offers, and whether anyone caused delays.

Our tests in similar cases revealed that unreasonable rejection of fair settlement offers can trigger adverse cost orders even if you ultimately succeed.

For example, the estate offers you $150,000 early on to settle, and you reject it. Then, you win $160,000 after a three-day hearing. In this situation, the judge might order you to pay the losing party’s costs from the rejection date forward.

That’s how the court typically protects genuine claimants by avoiding orders that force them to pay the other side’s expenses.

Challenging Wills: Improper Execution Cases

Improper execution and testamentary capacity challenges face stricter cost rules than family provision claims under Queensland succession law. These are different beasts entirely when it comes to who pays what.

You might pay your own legal fees even when you get a successful outcome unless you prove that the estate’s actions caused the validity problems. For instance, if the will maker lacked mental capacity due to dementia, but the executor didn’t know this, you could win your challenge but still cover your own costs.

Usually, these technical challenges require strong evidence upfront to avoid bearing all legal costs regardless of your case outcome.

Common Grounds That Affect Your Legal Costs

The best part about understanding different claim types is that you can estimate your likely costs before committing to a will dispute.

And that’s where things get interesting. Each ground for contesting comes with a different price tag based on the evidence you’ll need.

Now, let’s have a look at the most common ground with its corresponding price tag:

Testamentary Capacity Challenges: If you want to prove that the will maker lacked mental capacity, you need expensive medical evidence and expert witnesses. For this, you’ll incur expenses of $30,000 to $80,000 for psychiatric reports and specialist testimony.
Family Provision Claims: Generally, you can do it cheaper at $15,000 to $50,000 because they focus on your financial needs rather than invalidating the will. So, as an eligible person who was unfairly left out, you’re arguing for adequate provision.
Improper Execution Cases: Quick resolution happens when the written document shows the will wasn’t witnessed correctly. Its costs often stay between $10,000 to $25,000 with clear evidence.
Undue Influence Allegations: Sometimes, an extensive investigation into whether someone pressured the will maker unfairly drives costs higher. These legal proceedings require detailed witness statements, typically reaching $40,000 or more.

Bottom line: Pick the claim type that matches your strongest evidence to avoid wasting money on weak arguments.

How Long Does a Court Hearing Take in QLD?

To contest a will, Queensland often has a time limit of 3-6 months for mediation settlements, and 18-36 months for full Supreme Court hearings. This timeline directly impacts your legal costs because longer cases mean more solicitor hours.

Here’s what you’re looking at based on how your case unfolds:

Resolution Type	Timeline	Typical Costs
Mediation settlement	3-6 months	$10,000-$25,000
Contested family provision	12-18 months	$30,000-$60,000
Full Supreme Court hearing	18-36 months	$50,000-$100,000+

And that’s where things get interesting. Because the majority of the cases never reach a judge. Most Queenslanders settle their cases even before reaching a full court hearing (nobody wants to spend three years waiting for their inheritance).

Besides, the Supreme Court also actively encourages settlement by ordering mandatory mediation before allowing expensive final court proceedings. With this, parties can reach a settlement agreement without paying the vast majority of costs that are involved in estate disputes.

Getting Clear Answers on Your Case

Contesting a will involves substantial legal costs, but understanding your options helps you to pursue legitimate claims without financial surprise. Besides, the costs vary depending on your claim type, how the deceased estate responds, and whether you reach a settlement early.

Speaking with lawyers at experienced law firms gives you realistic cost estimates based on your specific circumstances and financial position. That’s because many offer initial consultations to assess whether your potential inheritance justifies the legal costs of pursuing estate disputes.

Ready to understand what your case will actually cost? Book a consultation with Securator Legal to discuss the cost of contesting a will. Then you’ll get clear answers about what you’ll pay and whether your claim makes financial sense.