General Information Only: This article is general information, not legal advice. For advice specific to your circumstances, consult a qualified…
General Information Only: This article is general information, not legal advice. For advice specific to your circumstances, consult a qualified Queensland estate lawyer.
Most family provision claims in Queensland settle without a trial, and the cost reflects that. A claim resolved by negotiation before court proceedings start commonly runs to between $5,000 and $15,000 in legal fees. A claim that is filed and then settles at mediation usually lands between $15,000 and $35,000. A claim that runs all the way to a contested trial in the Supreme Court will typically cost each side $50,000 to $120,000 or more. On top of legal fees, the Supreme Court charges a filing fee of $1,176.00 for an individual applicant, and further fees if the matter is set down for hearing.
Before weighing up these costs, it is worth understanding no-contest clauses and their enforceability in Queensland, since a will may contain a clause designed to deter a claim in the first place.
What a Will Contest Costs in Queensland
The single biggest driver of cost is how far the dispute travels. Each additional stage adds solicitor time, and the later stages add court fees and barrister fees as well.
| How far the claim goes | Indicative legal fees (each party) | What is involved |
|---|---|---|
| Settled by correspondence, before filing | $5,000 – $15,000 | Initial advice, gathering financial material, notice to the executor, without prejudice negotiation |
| Filed, then settled at mediation | $15,000 – $35,000 | Originating application, affidavits, disclosure, mediator fee, barrister for the mediation |
| Settled shortly before trial | $35,000 – $60,000 | Full affidavit material, expert valuations, counsel advice on prospects |
| Contested trial in the Supreme Court | $50,000 – $120,000+ | Setting down and hearing fees, senior counsel, multi-day hearing, risk of an adverse costs order |
These ranges are indicative and exclude GST. They are a guide to help you decide whether a claim is worth pursuing, not a quote. Every estate is different, and the figure that matters most is the cost relative to the size of the estate and the provision you are realistically likely to receive.
Queensland Supreme Court Fees
Court fees are fixed by regulation and are the same regardless of which firm acts for you. They increased on 1 July 2026 in line with the Queensland Government indexation policy. The figures below apply where the applicant is an individual rather than a corporation.
| Court fee | Amount |
|---|---|
| Filing an originating application (starting the claim) | $1,176.00 |
| Reduced filing fee, where financial hardship is accepted | $154.70 |
| Setting the matter down for hearing or trial | $1,909.00 |
| Hearing fee, each day after the first, days two to four | $766.50 per day |
| Hearing fee, each day after the fourth and up to the ninth | $1,372.00 per day |
| Issuing a subpoena | $111.80 |
| Copy of a court document | $3.35 per page, capped at $86.95 |
| Certifying a copy of a court document | $82.65 |
| Filing an appeal | $1,716.00 |
If you are on a low income or receiving certain Commonwealth benefits, you can apply to the registry to have the filing, setting down and hearing fees reduced to $154.70. This is worth raising early, because it materially changes the risk profile of a modest claim.
How Solicitors Charge in Estate Disputes
Most Queensland estate litigation is charged at an hourly rate, recorded in six minute units. Rates vary by seniority.
- Senior solicitor or principal: $400 to $550 per hour, GST exclusive
- Junior solicitor: $300 to $400 per hour
- Paralegal or law clerk: $200 to $280 per hour
- Barrister for a mediation or hearing: $3,000 to $8,000 per day, more for senior counsel
- Mediator: $2,500 to $6,000 per day, usually shared between the parties
A solicitor must give you a written costs disclosure before starting work if the fees are likely to exceed $1,500. Ask for an estimate at each stage, not just at the outset, and ask to be told when the estimate is going to be exceeded. Whether the claim is worth running at all depends first on eligibility, which is covered on our page about who can contest a will in Queensland.
No Win, No Fee: What It Actually Means
Conditional costs agreements are permitted in Queensland, and they are common in family provision work. Under a conditional agreement, professional fees are only payable if the claim succeeds. Where the matter is litigious, the firm may charge an uplift of up to 25 per cent on its professional fees to reflect the risk it has carried.
Two things are commonly misunderstood. First, disbursements such as the court filing fee, barrister fees, mediator fees and valuation reports are usually still payable whether you win or lose, unless the agreement says otherwise. Second, no win no fee protects you from your own solicitor bill. It does not protect you from an order to pay the other side costs if the claim fails. Ask specifically whether adverse costs are covered, and get the answer in writing.
Who Pays the Costs at the End
Costs in family provision matters are at the discretion of the court. There is a persistent belief that the estate always pays. That is not the position in Queensland.
- If the claim succeeds: the applicant costs are commonly ordered to be paid out of the estate, usually on the standard basis rather than in full, so a shortfall of 20 to 40 per cent between what you are billed and what you recover is normal.
- If the claim fails: the ordinary rule that costs follow the event increasingly applies, and an unsuccessful applicant may be ordered to pay the estate costs as well as their own.
- If the claim is small or speculative: the court may make no order as to costs, leaving each party to bear their own, or may cap what comes out of the estate.
- If a reasonable offer was refused: the party who refused it can be ordered to pay costs from the date of the offer, even if they otherwise did well.
A Worked Example
An adult daughter brings a claim against her late father estate, which is worth $850,000 and consists of a house and a share portfolio. The will leaves everything to his second wife. The daughter gives notice within six months of death and files her application within nine months. The parties attend a mediation eight months after filing and settle for a lump sum of $180,000.
| Item | Cost |
|---|---|
| Supreme Court filing fee | $1,176.00 |
| Solicitor fees to the end of mediation | $26,000 |
| Barrister for the mediation | $4,500 |
| Share of the mediator fee | $2,000 |
| Total outlay | approximately $33,700 |
The settlement deed provides that the estate pays $22,000 towards her costs, leaving her roughly $11,700 out of pocket against a $180,000 result. Had the same matter run to a four day trial and failed, she could have faced her own costs of around $90,000 plus an order to pay a substantial part of the estate costs.
How to Keep the Cost Down
- Get advice on prospects early. An honest assessment of eligibility and likely quantum in the first few weeks is the cheapest money you will spend.
- Give notice promptly. Notice within six months of death and filing within nine months keeps you inside the statutory timetable and avoids an expensive extension application.
- Gather your own financial material. A complete picture of your income, assets, liabilities and health saves hours of solicitor time.
- Make or invite an early offer. Most claims settle. Settling at month three rather than month eighteen is the difference between the first and third rows of the table above.
- Use mediation properly. Come with instructions to settle within a range, not merely to attend.
- Keep the emotional dispute out of the legal one. Time spent litigating grievances rather than financial need is time billed for no return.
Final Thoughts
The real question is rarely what a will contest costs in the abstract. It is whether the likely provision justifies the cost and the risk in your particular circumstances. A small estate can be consumed entirely by a fight over it. A large estate can absorb the cost of a properly run claim without difficulty. Get an early, candid view on prospects, understand the adverse costs risk before you file, and revisit the commercial position every time the matter moves to a new stage.