Updated 15 June 2020
Court costs in contesting a will may run into thousands.
If you are thinking of making a claim for family provision under a will despite all efforts to find a solution including mediation, don’t assume that your costs will be paid out of the estate; at least in New South Wales. What happens depends on individual circumstances.
In recent years the New South Wales Supreme Court has “thoroughly discredited”1 the expectation that the costs of making a family provision claim will automatically be paid out of the estate.