In Queensland, there was a perception for a long time that the estate covered the costs for both the successful and unsuccessful parties when claiming against the estate. This is not necessarily the case.
In most instances, the estate covers the costs of the successful party, and in some cases, the unsuccessful party has to pay the legal costs to the estate, but this isn’t always the case. In Queensland, the issue of costs is at the discretion of the court. The Court will often discourage a claim if it feels the estate is too small and encourages it to be settled out of court. This prevents the estate from being eroded by legal fees, which can happen if the matter needs to be settled in the court system.
Recent cases in Queensland have seen The Court take the conduct of the claimant into consideration when awarding costs rather than just whether they were successful or not.
It is important to follow the correct process when claiming against an estate. If you have further questions on how to make a claim against an estate click here.
We provide a detailed analysis of your claim before commencing proceedings, so you are fully aware of your legal position and potential costs involved. If you would like more information on this important subject, please contact us.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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