How much does it cost to contest a will in Queensland, and who pays?

There is no set price to contest a will in Queensland. The cost depends mostly on how far the claim goes, and the court decides who pays. The executor’s costs generally come out of the estate. If your claim fails, you may have to pay your own costs and the executor’s costs as well.

Contesting a will usually means a family provision claim under Part 4 of the Succession Act 1981 (Qld). You ask the court to order more provision for you out of the estate (section 41(1)). Only a spouse, child or dependant of the person who died can apply, so first check who can contest a will in Queensland. This guide does not cover a challenge to whether a will is valid, which is a different kind of case.

How much does it cost to contest a will in Queensland?

There is no set price. The cost of a family provision claim in Queensland depends mostly on how far it goes: letters and negotiation, mediation, or a court hearing. The size of the estate, how many people are involved and how each side runs the case also matter. If your legal costs are likely to be more than $3,000, your lawyer must give you a written estimate, or a range, before or soon after you hire them.

That duty is in the Legal Profession Act 2007 (Qld), sections 308(1), 308(4)(c), 310(1) and 310A(3). The $3,000 does not count disbursements (out-of-pocket costs) or GST. Every estate is different, so this guide gives no price range. We give you an estimate once we know the facts.

What makes a claim cost more or less

• The stage it reaches. Each step adds work. See how a will contest runs, step by step.
• The estate. A larger or more complex estate, such as one that includes a business, may need valuations.
• The people involved. More claimants and beneficiaries can mean more evidence and more letters.
• The evidence. Each side usually sets out their finances, health, dependants and relationship with the person who died in sworn statements called affidavits.
• How the case is run. When it decides costs, the court can weigh whether costs went up because of issues with no merit, a failure to make sensible concessions, or too much attention to minor issues (Uniform Civil Procedure Rules 1999 (Qld), rule 700A(2)(b)). We call these rules “the court rules” below.

Costs on top of legal fees

Disbursements are out-of-pocket costs that your lawyer may pay for you and add to your bill. In an estate claim they can include:

• court filing fees
• a mediator’s fees and room hire
• a barrister’s fees
• property and business valuations
• copies of medical and financial records.

Ask your lawyer which are likely in your claim, and for an estimate of each. If your lawyer plans to brief a barrister, they must also tell you how the barrister’s fees are worked out and estimate them (Legal Profession Act, section 309(1)).

Who pays the legal costs when a will is contested?

The court decides. Under Queensland’s court rules, costs follow the result unless the court orders otherwise, so the losing side may have to pay. In a family provision claim the court can also weigh the value of the estate, how each side ran the case and any settlement offers. The executor’s costs generally come out of the estate. Many estate claims settle through negotiation, and then the settlement terms say who pays.

The table sets out who pays in each outcome. “r” means a rule of the court rules.

Outcome	Your own legal costs (claimant)	The executor’s legal costs	Queensland rule
The claim settles (by negotiation or at mediation)	Whatever the settlement terms say. The terms can provide for your costs to be paid from the estate	Whatever the settlement terms say; otherwise from the estate	r 680 (costs only under the rules or a court order); r 700
The court orders provision for you	The court may order your costs to be paid from the estate. The amount allowed may be less than your lawyer’s full bill	From the estate, unless the court orders otherwise	r 681, r 700, r 702, r 703, r 704
The court dismisses your claim	Usually yours to pay. The court may also order you to pay the executor’s costs	From the estate, to the extent no one else is ordered to pay them	r 681, r 700, r 700A

Every estate is different. If you would like an estimate for your situation, you can contact us through our estate claims page.

If your claim succeeds, does the estate pay all your legal fees?

Not always. The court may order your costs to be paid from the estate, but it can also order only part of your costs, or a fixed amount (rule 687(2)). How much is allowed then depends on the basis the court orders:

• Standard basis. This applies unless the rules or the court say otherwise (rule 702(1)). A costs assessor allows “all costs necessary or proper for the attainment of justice” (rule 702(2)), under the court’s scale of costs (rule 691(1)). The scale may allow less than your lawyer charges you.
• Indemnity basis. The assessor allows “all costs reasonably incurred and of a reasonable amount” (rule 703(3)). The court may order this basis where costs are paid out of a fund, such as an estate (rule 703(2)(a)).

In a court matter, your lawyer’s written costs disclosure must warn you that a costs order in your favour “will not necessarily cover the whole of the client’s legal costs” (Legal Profession Act, section 308(7)(a)). Unless your costs agreement says otherwise, any gap is generally yours to pay.

Any provision the court orders for you also falls rateably (in proportion) on the whole estate, unless the court directs otherwise (Succession Act, section 41(3)). So the other beneficiaries’ shares usually go down.

If your claim fails, could you pay the executor’s costs too?

Yes, the court can order that. Costs “follow the event”: the losing side pays the winning side’s costs, unless the court orders otherwise (rule 681(1)). In a family provision claim the court can also weigh the matters in rule 700A(2), such as any settlement offer. No one can tell you in advance what costs order the court will make. That is why, in a court matter, your lawyer’s written disclosure must estimate the range of costs you may be ordered to pay if you lose (Legal Profession Act, section 308(4)(f)).

Who pays the executor’s legal costs?

The estate, unless the court orders otherwise or someone else is ordered to pay them. Under the court rules, “trustee includes a personal representative of a deceased individual” (rule 679), so an executor counts as a trustee. Unless the court orders otherwise, a trustee who sues or is sued is entitled to have costs that are not paid by someone else paid out of the fund it holds (rule 700(2)). Those costs are assessed on the indemnity basis unless the court orders otherwise (rule 704).

Costs paid from the estate reduce what is left for the beneficiaries. If you are an executor, see an executor’s duties. If you are a beneficiary, see what beneficiaries can do.

Can you agree to pay legal fees only if you win?

Yes, if your lawyer agrees. Queensland law lets a lawyer agree that some or all of their fees are payable only if the matter has a successful outcome. This is a conditional costs agreement, often called “no win, no fee”. It must be in writing, say what counts as success and give you at least 5 clear business days to change your mind. You may still have to pay out-of-pocket costs, and a court can still order you to pay the other side’s costs.

One can be used for a family provision claim, because the law bars them only in criminal proceedings and proceedings under the Family Law Act 1975 (Cwlth) (Legal Profession Act, section 323(1) and (2)).

What a conditional costs agreement must contain

Under section 323(3), the agreement:

• must set out what counts as a successful outcome
• may make disbursements payable whatever the outcome
• must be in writing, in clear plain language, and signed by you
• must say you have been told of your right to get independent legal advice before you sign
• must give you a cooling-off period of at least 5 clear business days, during which you can end it by written notice.

If you end it in the cooling-off period, the lawyer can recover only limited costs and no uplift fee (section 323(5)). Before you sign, ask whether the agreement covers any costs a court orders you to pay the other side.

Can a lawyer take a percentage of what you receive?

No. A costs agreement cannot work out the lawyer’s fee from the amount of any award or settlement, or the value of property recovered (section 325(1)). A conditional costs agreement can instead include an uplift fee: extra legal costs, not counting disbursements, payable if the matter succeeds (section 300 and section 324(1)).

• The agreement must say how the uplift fee is calculated and estimate it (section 324(2) and (3)).
• Before you sign, your lawyer must tell you in writing their legal costs, the uplift fee and why it is warranted (section 313(1)).
• In a court matter, the uplift fee cannot be more than 25% of the legal costs, not counting disbursements (section 324(4)). It is worked out from the legal costs, not from what you receive.

What your lawyer must tell you about costs

If your legal costs are likely to be more than $1,500 (not counting out-of-pocket costs and GST), your lawyer must explain how their fees are worked out and give an estimate, before or soon after you hire them. Above $3,000, a fuller disclosure is needed, and it must be in writing. If the matter is likely to go to court, that disclosure must also cover what you might get back if you win, what you might pay if you lose, and that a costs order may not cover all your costs.

These duties are in the Legal Profession Act 2007 (Qld), and the timing rule is in section 310(1). A few exceptions apply, for example to some companies and to other lawyers (section 311).

• $1,500 or less. No disclosure is required (sections 300 and 307A).
• $1,500 to $3,000. Your lawyer may give a shorter disclosure that includes an estimate of legal costs and disbursements. It can be given by word of mouth, but must then be confirmed in writing (sections 307B and 310A(1)).
• Over $3,000. The full disclosure must be in writing (sections 308(1) and 310A(3)). No regulation set a different amount when this guide was checked in September 2026.
• Court matters. A matter counts once court proceedings are started or likely (section 300, “litigious matter”). The extra estimates and warning then come from section 308(4)(f) and (7).
• Settlement. Before you sign a settlement your lawyer negotiated in a court matter, they must estimate the legal costs you will pay under it, including any of the other side’s costs, and any contribution you are likely to receive (section 312(1)).
• Changes and reports. Any substantial change to the costs information must be given to you in writing (section 315). On reasonable request, your lawyer must give you a written report of your legal costs to date, and must not charge for it (section 317(1)(b) and (2)).
• If something is not disclosed. You need not pay the legal costs until they have been assessed (section 316(1)).
• Disputes. You can apply for a costs assessment, generally within 12 months after the bill was given or payment was asked for (section 335(1) and (5)). The Legal Services Commission suggests raising any issue with your lawyer first.

At a first meeting, it helps to ask for the estimate, the likely disbursements, what you might recover or pay if the claim goes to court, and whether any part of the fee depends on success.

How to keep the cost of an estate claim down

You cannot control everything, but some steps help. Get advice well before the 9 month time limit. Give your lawyer the documents early. Focus on your needs and the size of the estate, not old family arguments. Think carefully about sensible settlement offers, because the court can take offers into account when it decides costs. Go to mediation prepared. These steps can lower costs but cannot promise a result.

• Get advice early. A family provision application generally has to be filed within 9 months of the death. The court can allow a late one but does not have to (section 41(8)). Read about the 9 month time limit.
• Gather documents early. Our estate claims page lists the information we ask for, such as details of the estate, your income, assets, debts and health.
• Keep to the issues that matter. The court asks whether the will made adequate provision for your proper maintenance and support (section 41(1)). Old family arguments add cost without answering that question.
• Weigh every offer. Say the executor offers in writing to settle, and the claimant says no. If the claim goes on to a hearing, the court can take that offer into account when it decides costs (court rules, rule 700A(2)(c)).
• Prepare for mediation. Know what you need and why before the day, and bring what your lawyer asks for.

Frequently asked questions

Does the estate always pay the legal costs when a will is contested?

No. The executor’s costs generally come from the estate, unless the court orders otherwise (court rules, rule 700). A claimant’s costs depend on the result and the court’s discretion (rules 681 and 700A). If the claim fails, the claimant usually bears their own costs and may be ordered to pay the executor’s costs.

Can I get legal aid to contest a will in Queensland?

Legal Aid Queensland says it does not give legal advice about wills or deceased estates. Its Civil Law Legal Aid Scheme, which can pay some out-of-pocket costs in other civil claims, lists wills, estates and family provision among the claims it does not fund (checked September 2026). Policies change, so check with Legal Aid Queensland for its current position.

Can a lawyer charge a percentage of my inheritance?

No. Queensland law bans costs agreements that work out the fee from the amount of any award or settlement, or the value of property recovered (Legal Profession Act 2007 (Qld), section 325(1)). An agreed uplift fee in a court matter is capped at 25% of the legal costs, not counting disbursements. It is not a share of your payout (section 324(4)).

How long do I have to make a claim?

In Queensland, a family provision application generally has to be filed within 9 months of the death. The court can allow a late application but does not have to. Giving the executor written notice of your intended claim within 6 months of the death helps stop the estate being distributed before your claim is dealt with (Succession Act, sections 41(8) and 44(3)). The 6 month point is not a filing deadline. The notice must be in writing and signed by you or your solicitor (section 44(4)). Read about the 9 month time limit to contest a will.

Is it worth contesting a will if the estate is small?

Legal costs take a bigger share of a small estate. When the court decides costs, it can consider the value of the property in dispute (court rules, rule 700A(2)(a)). So ask for a written estimate before you start, and weigh it against what you are asking for. For the other things to weigh up, read whether a claim is worth making.

How we can help

To talk to Catton Roderick Lawyers about the likely costs of an estate claim, call 1300 673 792 or email info@cattonroderick.com.au. We have offices in Caboolture (Unit 3, 9 East Street) and Redcliffe (First Floor, Cominos Arcade, 133 Redcliffe Parade), and we see clients in Birtinya on the Sunshine Coast (Regatta 1, 2 Innovation Parkway) and in Brisbane by appointment. You can also send us an enquiry.

Sources

1. Succession Act 1981 (Qld), sections 41(1), (3) and (8), and 44(3) and (4). Current version, in force from 28 April 2026. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1981-069 (checked 25 September 2026)
2. Uniform Civil Procedure Rules 1999 (Qld), rules 679, 680, 681(1), 687(2), 691(1), 700(2), 700A, 702(1) and (2), 703(2)(a) and (3), and 704. Current version, in force from 13 September 2024. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/sl-1999-0111 (checked 25 September 2026)
3. Legal Profession Act 2007 (Qld), sections 300 (definitions of “detailed disclosure threshold amount”, “disclosure threshold amount”, “litigious matter” and “uplift fee”), 307A, 307B, 308(1), (4) and (7), 309(1), 310(1), 310A(1) and (3), 311, 312(1), 313(1), 315, 316(1), 317(1)(b) and (2), 323(1) to (3) and (5), 324(1) to (4), 325(1), and 335(1) and (5). Current version, in force from 1 July 2025. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2007-024 (checked 25 September 2026)
4. Legal Profession Regulation 2017 (Qld), checked for any prescribed disclosure threshold amount (none found). Current version, in force from 1 March 2024. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/sl-2017-0174 (checked 25 September 2026)
5. Legal Aid Queensland, “Civil Law Legal Aid Scheme” (last updated 21 August 2026). https://www.legalaid.qld.gov.au/Get-legal-help/Our-services/Civil-Law-Legal-Aid-Scheme (checked 25 September 2026)
6. Legal Aid Queensland, “Wills and deceased estates” (last updated 27 January 2023). https://www.legalaid.qld.gov.au/Find-legal-information/Personal-rights-and-safety/Taking-care-of-other-peoples-affairs/Wills-and-deceased-estates (checked 25 September 2026)
7. Legal Services Commission (Queensland), “Costs assessments”. https://www.lsc.qld.gov.au/for-the-public/legal-costs/costs-assessments (checked 25 September 2026)

This page is general information about Queensland law as at September 2026. It is not legal advice about your situation. Time limits apply, so please get advice about your own circumstances.

Last reviewed: 27 September 2026