Court costs when contesting a will for family provision – who pays?

Updated 15 June 2020

Court costs in contesting a will may run into thousands.

court costs, costs of proceedings, family provision, testator's family maintenance, 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.

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