When a loved one dies and their Will feels unfair, unclear, or unexpected, it’s natural to start asking questions. Contesting a Will is one way to challenge what’s been left behind. However, it’s also a serious legal step, and not without risk. One of the first and most important things to understand is the costs involved.
In Western Australia, the true cost of contesting a Will goes beyond just legal fees. It can involve financial risk, emotional strain, delays to the estate being finalised, and it can have a real and lasting impact on family relationships. While some disputes do settle early, others can escalate to full court proceedings, with costs increasing at each stage.
What does it cost to contest a Will?
The financial cost of contesting a Will in Western Australia can range anywhere from $5,000 to over $100,000. At the lower end of the scale are matters that are resolved early (often through informal negotiation or mediation). At the higher end are matters that proceed to a contested trial in the Supreme Court and which involve complex legal issues, multiple parties, and a lengthy process.
That’s only part of the picture.
The other cost is harder to quantify – the emotional strain, time commitment, and the impact on family relationships. Disputes can delay the administration of the estate by months or even years. Delays can cause stress, uncertainty, and permanent fractures between family members.
Before starting any legal action, it’s important to consider both types of cost. What’s at stake isn’t just always about the money.
Factors that influence the costs involved
No two inheritance disputes are the same, which means the costs can vary significantly depending on several key factors.
Some of the most common factors include:
- The type of claim being made
- A straightforward Family Provision Act claim will generally cost less than a dispute involving allegations of undue influence or lack of testamentary capacity, which often demands detailed evidence and reports from expert (i.e. qualified) witnesses.
- Whether the matter settles or proceeds to court
- Most disputes resolve before reaching a final hearing, often through mediation. Settling early can keep costs in check. But if the dispute goes to trial, legal fees, court costs, and time involved increase substantially, and sometimes, exponentially.
- The conduct of those involved
- The way each party approaches the dispute can also affect cost. If one side refuses to negotiate or prolongs the process unnecessarily, legal costs can escalate quickly. Such conduct may also be taken into account by the court when it comes to awarding costs.
- The size and complexity of the estate
- Larger estates, or those with trusts, companies, or blended family dynamics typically involve more work, more legal issues to work through and resolve, ultimately meaning higher costs.
Understanding these variables early on can help you make more informed decisions about how to proceed, how far you’re willing to go through the process, and how much risk you’re willing to take.
Get our ultimate FAQ guide on all things inheritance, Wills, estates and succession.
Legal fees: Who pays and when?
A common misconception is that if you contest a Will, the estate will automatically cover your legal costs. While that can happen, it’s far from guaranteed.
In Western Australia, the general rule in litigation is that “costs follow the event”, meaning the losing party may be ordered to pay the winning party’s legal costs. However, in estate disputes, the court has a wide discretion to decide what’s fair based on the specific facts of the case.
Here’s how it typically plays out:
- If your claim is successful, the court will often order that your legal costs be paid out of the estate.
- If your claim is unsuccessful, you may have to cover your own legal costs and potentially pay some or all of the estate’s defence costs.
- If the case is complex or drawn out, even a successful claim can result in significant unrecoverable costs, especially if the court believes some steps could have been avoided.
The court will consider whether the Will-maker failed to make adequate provision, whether the claim was brought reasonably, and how each party behaved during the process. Sometimes, all parties may have a portion of their costs paid out of the estate.
Emotional and time costs: The hidden price of a Will dispute
Earlier, we touched on the fact that the cost of contesting a Will isn’t just financial. It’s also emotional. For many people, this hidden cost ends up being the most difficult part of the process and isn’t often considered from the outset.
Disputes over a loved one’s estate can be deeply personal. They often stir up long-standing family tensions, create new rifts, and leave emotional scars that last far longer than the legal proceedings. For some, the stress of the process can affect mental health, work, and relationships.
There’s also the time factor. Contested matters can delay the administration of an estate by months (sometimes even years). If the matter goes all the way to a contested final hearing, the process becomes more public and more emotionally draining.
These costs don’t show up on a legal bill, but they can weigh just as heavily. That’s why it’s important to look at the full picture before deciding whether to move forward, or go all the way.
Why early legal advice matters
Getting legal advice early can make a significant difference both with how much you ultimately spend and in whether pursuing a claim makes sense when considering your own personal situation and relationships.
A lawyer experienced in estate disputes can help you:
- Work out if you’re eligible to make a claim, such as under the Family Provision Act 1972 (WA);
- Assess whether you’ve received adequate provision from the estate;
- Understand the time limits, which in WA is typically six months from the date of the Grant of Probate;
- Estimate potential costs and outcomes, so you’re clear on the risks; and
- Explore early resolution options, such as negotiation or mediation, which often lead to faster, less expensive outcomes.
The earlier you get advice, the more control you have. In many cases, legal action can be avoided altogether with the right guidance and strategy from the outset.
What are West Aussies thinking, doing, getting wrong or right when it comes to inheritance?
Get clear on your options before you make a move
Before you take steps to contest a Will, get clarity on what’s at stake — and whether it’s worth it. These matters are rarely simple, and the cost of contesting a Will can escalate quickly if you’re not properly informed from the start.
At Solomon Hollett Lawyers, we’ve guided hundreds of clients through this process. We’ll tell you where you stand, what your options are, and what it’s likely to cost.
Book a free 15-minute consultation to talk it through before you commit to action. One conversation now could save you from bigger problems later.
