Does the estate pay the executor’s legal costs?

An executor who acts reasonably is generally entitled to their costs from the estate. Acting unreasonably can put that at risk, so we advise on each step.

Should I settle a claim against the estate?

Often an early settlement is the right outcome for the estate. We advise on the strength of the claim and the costs of continuing.

Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.

Defending the will,
protecting the estate.

When a will is challenged, the executor has a duty to defend the estate reasonably. We act for executors and beneficiaries, and work to resolve claims at a sensible cost.

Book a free 15-minute call Call 03 8386 9502

Is this you?

When people come to us about defending a contested will.

Each of these is a good reason to call, and none of them is too early.

You are the executor and a family member has made a claim.
A relative has lodged a caveat against probate.
You are a beneficiary and your inheritance is at risk.
Legal costs are eating into the estate.

How we help

Every dollar spent on a dispute comes out of the estate.

An executor must protect the estate and the beneficiaries’ interests, but should not spend more defending a claim than is reasonable. Costs in estate disputes can be significant, and the court looks at how each party has conducted the matter.

We assess the claim, advise the executor on their duties, and work towards an early resolution, usually at mediation, while preparing properly in case it goes further.

What we do

Advice to executors on responding to claims
Responses to caveats and validity challenges
Defending family provision claims
Advice to beneficiaries whose share is affected
Mediation and settlement
Court proceedings where needed

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: where things stand
What has happened, which documents exist, and any time limit that is already running.
In writing: an assessment and an estimate
Whether there is a real basis to act, what the steps are, and what each stage will cost, before any work is done.
The first steps: your position protected
Time limits diarised and the documents and records requested, so nothing is lost while a resolution is worked out.
From then on: one lawyer, who answers
One lawyer runs the matter from start to finish, and keeps you told.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

Does the estate pay the executor’s legal costs?
An executor who acts reasonably is generally entitled to their costs from the estate. Acting unreasonably can put that at risk, so we advise on each step.
Should I settle a claim against the estate?
Often an early settlement is the right outcome for the estate. We advise on the strength of the claim and the costs of continuing.
What does it cost?
Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.