Contesting a will in Queensland is worth the cost when the estate is large enough to justify legal fees, you have a strong family provision claim, and you can pursue it under a no-win, no-fee arrangement. But knowing whether your situation fits these criteria is where most people get stuck.
You’re probably already dealing with grief, family tension, and the nagging feeling you’ve been unfairly treated. Then you see the potential legal costs and wonder if fighting for what’s right will drain whatever inheritance you might win.
At Securator Legal, we’ve helped Queensland families make exactly this decision for years. And in this article, we’ll share our insights from handling contested wills and deceased estate disputes.
You’ll learn:
- When the numbers actually work in your favour
- The real costs involved are beyond solicitor fees
- Cost-saving options like mediation
- Time limits that affect your total costs
Keep reading to understand whether contesting is worth it for your circumstances.
When the Numbers Work in Your Favour
As we already mentioned, the numbers work in your favour when the estate is large enough to cover legal costs, your claim is strong under Queensland law, and you can secure a no-win, no-fee arrangement.
Let’s break down what each of these factors actually means for your situation:
Estate Value vs Expected Legal Costs
Legal fees typically range from $15,000 to $50,000, depending on whether you settle or go to court. A contested case going to trial can exceed $100,000 in combined legal costs for both parties. That’s solicitors, barristers, court fees, expert witnesses, and other disbursements piling up on both sides.
Your potential inheritance needs to justify what you’ll spend pursuing the claim. So if the estate is worth $80,000 and you’re facing $40,000 in legal costs, you’re looking at a bad investment even if you win.
Strength of Your Family Provision Claim
Your claim strength depends on three factors:your relationship to the deceased, your financial needs, and whether the will maker had a moral duty to provide for you.
Queensland law favours spouses and dependent children whose will excludes or fails to provide for them adequately. Courts consider your financial needs, the deceased’s moral duty to you, and the size of the deceased estate when deciding family provision applications.
However, a spouse with no income who received nothing has a much stronger case than a financially independent adult child. De facto partners, former partners, and stepchildren can also claim for provision if they were dependent on the deceased or had a close relationship that created a moral obligation.
No Win, No Fee: Changing the Risk Equation
No-win, no-fee arrangements are the fastest way to pursue a valid claim without taking financial risks. You pay nothing upfront, and legal fees come from your settlement if you win.
From our experience with family provision cases, this fee arrangement removes the financial barrier that stops many people from pursuing valid claims. Your solicitor only gets paid if you receive provision from the estate, which means they’re motivated to assess whether your claim is worth pursuing before commencing legal proceedings.
But understanding potential costs is only half the picture. You also need to know what you’re actually paying for when you contest a will.
The Real Costs Involved in Contesting
The biggest chunk goes to solicitor fees, which lawyers charge hourly or as a percentage of your settlement. Usually, lawyers handling family provision claims bill by the hour, and those hours add up fast when you’re gathering evidence, preparing court documents, and negotiating with the other party.
On top of that, court filing fees in Queensland’s Supreme Court start at around $1,351for lodging an application. That’s just to officially register your case with the court.
Beyond these, disbursements include expert reports, barrister fees, mediation costs, and other third-party expenses. For example, if you’re challenging testamentary capacity, you’ll need medical experts to review the deceased’s mental state. Or if you’re proving undue influence, you might need witness statements and additional investigations.
These unavoidable disbursements can easily reach $5,000 to $15,000 before you even step into a court hearing. So when you’re weighing up whether contesting is worth it, factor in all these costs involved, not just what your solicitor charges.
When It’s Not Worth the Fight
Contesting isn’t worth it when the estate is too small to justify legal fees or your claim lacks the legal strength to succeed in court.
Not sure if your situation falls into this category? It’s understandable, since emotions and family dynamics can cloud your judgment about the financial reality.
We’ll walk through the two main scenarios where contesting wills becomes a losing proposition in this section, so you can assess your situation honestly.
1. Small Estates and High Legal Fees
Small estates under $50,000 rarely justify the costs involved unless the claim settles very early through negotiation. Honestly, legal fees can consume 30-50% of a small estate even with a successful outcome (the numbers don’t lie on this one).
Helpful Tip: Consider whether the potential inheritance minus legal costs leaves you with a meaningful amount. Spending $20,000 in legal fees to win $15,000 from the deceased estate makes no financial sense, even if you’re morally right.
2. Weak Claims That Drain Resources
Are you pursuing a claim based on genuine financial need or just hurt feelings about being left out? Disputes based purely on hurt feelings or family conflict, rather than financial need, typically fail in court.
Judges focus on whether the deceased had a moral duty to provide for you, not whether the will seems unfair. If multiple family members have stronger claims than yours as eligible persons, your share gets diluted further, which makes the whole exercise less worthwhile for everyone involved.
Once you’ve determined your claim has merit and the estate is large enough, the next step is finding ways to keep your legal costs as low as possible.
Cost-Saving Options That Change the Equation
The best part about mediation and negotiation is that you can settle estate disputes for a lot less instead of spending $50,000 or more at trial. These alternatives save money for all parties involved and resolve matters faster.
Here’s how these cost-saving options work in practice:
Mediation: Settling for Less Money
Mediation costs around $2,000 to $5,000 total and settles most Queensland will disputes without ever stepping into court. The vast majority of contested wills in Queensland settle through mediation or negotiation before reaching court proceedings. A neutral mediator helps both parties find common ground, and you avoid the uncertainty of a judge’s decision.
Keep in Mind: Accepting a smaller settlement early often leaves you with more in your pocket compared to winning a larger amount after trial, once you factor in the legal costs incurred along the way.
Who Pays When You Win or Lose
In practice, the deceased’s estate usually pays successful claimants’ legal costs rather than deducting them from the inheritance. The court can order costs on a standard basis or an indemnity basis, depending on how reasonable your claim was.
Meanwhile, if you lose at trial, you risk paying the other party’s costs on top of your own legal fees. That’s why most solicitors carefully assess your prospects before initiating legal proceedings.
Estate assets may pay executors’ costs when they defend weak positions, but a costs order against an unsuccessful claimant can be financially devastating.
Time Limits: Why Waiting Costs More
Waiting costs more because Queensland’s strict time limits mean you forfeit your claim entirely after nine months, and executors can distribute estate assets while you delay.
You must give written notice to the executor within six months of the deceased’s death for family provision claims. This written document informs them you’re considering a challenge to the will and prevents them from distributing assets before you file. Missing this deadline doesn’t kill your claim, but it weakens your negotiating position.
Also, the court application must be filed within nine months of death, or you lose your right entirely under Queensland law. There are no extensions, no second chances.
Once that time limit passes, the will remains unchanged, and beneficiaries receive their inheritance as written.
Making Your Decision: Is It Worth It for You?
To make an informed decision about whether contesting is worth it for your situation, follow these steps:
- Run the numbers: Calculate whether your expected inheritance minus legal costs still provides a meaningful financial benefit to you. If your calculation shows you’re spending $25,000 to recieve $30,000, that $5,000 net gain might not justify months of stress and legal proceedings.
- Assess your claim strength: Courts look at your needs, not just whether you feel unfairly treated by the will. So ask yourself critical questions like: are you an eligible person under Queensland law? Did the deceased have a moral duty to provide for you based on your financial position?
- Weigh relationship costs: Sometimes, contesting will tear families apart. You might win financially, but lose relationships with siblings or other family members permanently.
Pro Tip: Get a free initial assessment from a succession lawyer to understand your realistic prospects before committing to a family provision application.
If the claim doesn’t stack up financially or your case is weak, sometimes the best decision is to leave the will unchanged.
Your Next Step Starts Here
The cost of contesting a will in Queensland becomes manageable when you understand the numbers, assess your claim honestly, and secure a no-win, no-fee arrangement. Thousands of Queenslanders successfully challenge wills each year without depleting their savings, and you can too if the financial equation makes sense.
If you want personalised guidance on your situation, you can book your consultation today with our succession lawyers at Securator Legal. Our team reviews your circumstances, calculates potential outcomes, and tells you honestly whether contesting makes financial sense for you.
