In Australia, the costs of contesting a will are usually paid from the deceased’s estate if the claim is considered reasonable and has merit.
However, if the contest is unsuccessful or deemed unnecessary, the person contesting the will (the claimant) may be ordered to pay their own legal fees, and possibly the costs of the estate.
The court decides who pays based on the fairness of the claim and the conduct of all parties involved.
Who Usually Pays for a Will Dispute?
The general principle in Australian law is that the estate pays the legal costs when a will is contested, particularly if the dispute arises from genuine concerns about fairness or legal validity.
This approach recognises that family provision claims are often complex and emotionally charged.
If you’re the executor or a beneficiary, and someone contests the will, their legal costs may come out of the estate’s assets—reducing what’s left to distribute.
However, this only applies if the court finds the claim was made in good faith.
Key Takeaway: Costs are commonly paid from the estate, but only when the contest is considered fair and reasonable.
When the Claimant May Have to Pay
If a person contests a will and the court finds the claim was without basis, poorly prepared, or driven by personal conflict rather than genuine need, the court can make a costs order against the claimant.
In this case, the person who brought the challenge may have to:
- Pay their own legal fees
- Pay part or all of the executor’s legal costs
- Compensate the estate for delays and added expense
Courts may take this route to discourage people from using the legal system to pressure family members unfairly or prolong disputes.
Key Takeaway: If the court views the claim as unjustified, the person contesting the will may end up paying their own—and others’—legal costs.
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Costs for Executors and Beneficiaries
If you’re named as an executor or beneficiary in a will, a contest can create stress and financial uncertainty.
The executor is usually entitled to recover reasonable legal costs from the estate, especially when they are defending the will in good faith.
However, if an executor behaves improperly—by favouring one beneficiary or acting with hostility—the court may limit or deny reimbursement of their legal expenses.
Similarly, if beneficiaries choose to intervene in a case for personal gain, they may be ordered to pay their own costs.
Key Takeaway: Executors are generally reimbursed, but poor conduct can lead to personal liability for legal costs.
Settlements Outside of Court
Many will disputes settle before going to trial. In these cases, costs are often negotiated as part of the settlement.
The estate might agree to pay part or all of the legal fees to resolve the matter quickly and avoid court proceedings.
If you’re involved in a dispute, mediation or negotiation can be a more cost-effective and less stressful alternative to a court battle. These settlements often involve compromises on both the financial share and legal fees.
Key Takeaway: Settling a dispute early may reduce costs for everyone—often, both sides agree on who pays what.
Factors That Influence Who Pays
The court considers several factors when deciding who should pay the costs in a will contest:
- The merit of the claim: Was it a legitimate concern or a frivolous attempt to gain more?
- Behaviour of the parties: Did anyone act unreasonably or aggressively?
- Conduct during litigation: Did anyone refuse mediation or delay proceedings?
- Complexity of the estate: Was the estate unusually difficult to administer?
The court’s aim is to ensure fairness and discourage unnecessary legal action while allowing people to raise genuine concerns about a will’s fairness or validity.
Key Takeaway: The court weighs up multiple factors to make a fair decision about who pays for a will contest.
If someone contests a will who pays? The answer depends on the merit of the claim, the actions of everyone involved, and whether the matter goes to court.
While the estate often covers reasonable legal costs, those bringing unfounded or aggressive claims may end up paying their own way.
Whether you’re a claimant, beneficiary, or executor, understanding your legal footing early and approaching the matter constructively can help you manage both risk and cost.