Deferred Fees
Flexible Payment Options for Your Peace of Mind.
Navigating legal matters during challenging times shouldn’t be burdened by immediate financial pressure. Our Deferred Fees option allows you to focus on resolving your estate or probate concerns without the strain of upfront costs.
By deferring fees until a later stage in the process, we ensure that you can access high-quality legal guidance and support when you need it most, providing you with the freedom to prioritise what truly matters.
What Are Deferred Fees?
Deferred fees are a payment arrangement designed to ease the immediate financial burden of engaging legal services in wills and estates matters. Rather than paying your lawyer as the work progresses, you only settle the fees once your case reaches a resolution—often from the estate funds or the agreed settlement proceeds. This approach ensures that cost is not a barrier to seeking quality legal support during what can be an emotionally taxing time.
How Does It Work?
Initial Assessment: First, we’ll discuss your situation in detail to understand the nature of your matter—whether you’re an executor administering an estate, a beneficiary seeking guidance, or involved in a will dispute. We’ll advise if deferred fees are an option, explaining how this arrangement might apply to your unique circumstances.
Clear Agreement: If your case is suitable, we’ll provide a written agreement outlining the terms of the Deferred Fee Arrangement. This agreement specifies when and how our fees will be paid, ensuring there are no surprises later. Typically, our fees will be settled once the estate has funds from which you are entitled to direct payment for our services, or at a resolution point that we both agree upon.
Ongoing Legal Support, No Upfront Costs: Once the agreement is in place, we begin work on your matter without requiring any payment upfront. You’ll receive the same high-quality, timely legal representation as any of our clients, with regular progress updates and opportunities to discuss any special, unusual, or unexpected expenses that might arise.
Payment on Completion: After the matter concludes—such as obtaining probate, finalising an estate distribution, or resolving a dispute—our fees are paid from the agreed source, ensuring that the financial aspect aligns with the successful resolution of your case.
In What Situations Are Deferred Fees Available?
Determining whether a Deferred Fee Arrangement is appropriate depends on the nature of your estate matter, the likelihood of a financially favourable outcome, and the availability of estate funds once the issue is resolved. Our goal is to offer deferred fees where they truly make a difference, easing the financial strain without undermining the viability of your case.
Examples Where Deferred Fees May Apply:
Challenging a Will as a Beneficiary: If you believe you’ve been unfairly left out or inadequately provided for, and stand to receive a share of the estate once your claim is proven, deferred fees can relieve the pressure of paying upfront while you pursue your rightful entitlement.
Executor Needing Funds Released from the Estate: If you’re an executor tasked with administering an estate but lack personal funds to cover immediate legal costs, we may arrange to defer our fees until probate is granted and estate assets become accessible.
Family Provision Claims with a Strong Legal Basis: When you have a solid family provision claim (e.g., as a dependant seeking proper support from an estate), deferred fees can allow you to proceed without paying out-of-pocket at the outset, given the anticipation that settlement or judgment funds will cover costs later.
Examples Where Deferred Fees May Not Be Suitable:
No Estate Funds or Settlement Likely: If you’re seeking advice or representation that won’t lead to an estate payout or settlement—such as a brief consultation on general will drafting—there may be no future funds from which to eventually pay fees. In such cases, standard fee arrangements are usually more appropriate.
Uncertain or Speculative Claims: If your matter is highly uncertain, with no clear path to a monetary outcome or no guarantee the estate can cover costs, deferring fees may not be feasible. We need a reasonable expectation that the end result will produce the funds necessary to pay our fees.
Simple Administrative Tasks Without a Beneficial Interest: For straightforward tasks—like a quick review of documents or general advice—without any anticipated financial recovery from the estate, we usually require standard payment methods rather than deferring fees.
Who Can Request Deferred Fees?
Anyone involved in a wills and estates matter can ask about the possibility of a Deferred Fee Arrangement. This includes executors, administrators, beneficiaries, or other interested parties seeking legal assistance. The key factor is whether there’s a credible expectation that the case will result in estate funds or a settlement from which fees can later be paid.
Examples of Who Might Benefit:
Executors or Administrators: If you’re responsible for administering an estate and need legal assistance to navigate probate, resolve disputes, or manage complex assets, deferred fees can ease the initial financial burden. Once estate funds become available, our fees can be settled without you having to pay out-of-pocket at the start.
Beneficiaries Seeking Fair Entitlements: If you believe you’ve been unfairly excluded from a will or received less than you’re entitled to, pursuing a claim may feel daunting if you lack immediate funds. Deferred fees allow you to challenge the will or claim your share of the estate without worrying about upfront costs.
Family Members with Dependency Claims: Where a family provision claim is involved—perhaps you were financially supported by the deceased and their will doesn’t reflect your needs—deferred fees provide a safety net. You can proceed with a legitimate claim, knowing payment is due only after the matter is resolved.
When Deferred Fees May Not Be Offered:
Not every matter suits a Deferred Fee Arrangement. If your claim is speculative, lacks merit, or won’t likely produce estate funds to cover costs, standard fee arrangements are typically more appropriate. However, we encourage you to ask about deferred fees regardless; if it’s not suitable, we’ll discuss alternative payment options that align with your circumstances.
How to Find Out if You Qualify:
Contact our team to discuss your situation. We’ll review the nature of your case, consider the potential outcome, and determine if a Deferred Fee Arrangement is a viable solution. Our goal is always to ensure that financial concerns don’t prevent you from accessing the legal support you need during a challenging time.
What Are Our Obligations Under a Deferred Fee Arrangement?
Under a Deferred Fee Arrangement, QLD Estate Lawyers commits to delivering the same high standard of legal services you’d expect if you were paying fees upfront. We understand that trust is paramount, so we clearly define our responsibilities before we start working on your matter. This ensures you know exactly what to expect and can proceed with confidence.
Our Key Commitments:
Timely and Professional Service: We promise to handle your matter promptly, efficiently, and with the utmost professionalism. Our goal is to achieve a positive outcome as quickly as circumstances allow.
Regular Progress Updates: Clear communication is essential. We’ll keep you informed at every stage, providing regular updates on the progress of your case, upcoming steps, and any developments that may impact timelines or outcomes.
Transparent Fee Discussions: If special, unusual, or unexpected expenses arise—such as the need for an expert report or additional legal processes—we’ll discuss these with you first. You’ll know the nature of these expenses, why they’re needed, and how they might affect the final payment.
Written Fee Agreement: Before any work commences, we provide a written agreement outlining when and how our fees will be paid. This ensures everyone is on the same page and minimises the risk of misunderstandings later.
Dedicated Client Care: Our team is committed to treating you with compassion, respect, and understanding. We know wills and estates matters can be emotionally challenging, and we’re here to guide and support you throughout the process.
Upholding Our Promise:
By clearly stating our obligations, we reinforce our commitment to fairness, professionalism, and transparency. This approach ensures that, even under a deferred payment arrangement, you receive exceptional legal support focused on achieving the best possible outcome for your matter.
Why Choose a Deferred Fee Arrangement?
Opting for a Deferred Fee Arrangement can provide significant advantages during what may already be a stressful and emotional time. By deferring the legal fees, we help ensure that financial concerns don’t prevent you from pursuing the outcome you deserve.
Key Benefits:
No Immediate Financial Pressure: Without the need for upfront payment, you can focus on the legal and emotional aspects of your situation, rather than worrying about how to cover immediate costs.
Greater Access to Quality Legal Representation: Even if you don’t have funds readily available, a Deferred Fee Arrangement makes high-calibre legal support more accessible. You won’t need to compromise on quality or go without professional guidance because of short-term financial constraints.
Reduced Risk and Financial Uncertainty: Knowing that fees will only be paid upon the successful resolution of your matter can provide peace of mind. If your claim proves successful, funds from the estate or settlement can be used to cover the legal costs, minimising personal financial exposure.
Clear, Transparent Arrangements: We set out the terms of payment, when fees will become due, and any conditions before work begins. This transparency eliminates hidden costs and helps you feel confident in your decision.
Focus on the Outcome, Not the Expense: With cost concerns deferred, you can direct your energy towards working collaboratively with your lawyer, understanding your legal options, and making informed decisions aimed at a fair and favourable resolution.
In essence, a Deferred Fee Arrangement aligns our interests with yours—both parties benefit when the case reaches a positive conclusion. This shared focus on a successful outcome helps create a supportive environment where you can seek justice, assert your rights, and secure your future without the pressure of immediate legal fees.
QLD Estate LawyersREQUEST A CALL BACK
Contact our Wills and Estate lawyers by sending us an email and we’ll get in touch shortly, or phone between 8:30AM and 5:00PM Monday to Friday — we would be delighted to speak.
Office hours — 1300 580 413
| Monday | 8:30 am – 6:00 pm |
|---|---|
| Tuesday | 7:30 am – 6:00 pm |
| Wednesday | 7:30 am – 6:00 pm |
| Thursday | 7:30 am – 6:00 pm |
| Friday | 7:30 am – 5:00 pm |
| Saturday | Closed |
| Sunday | Closed |
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