Responsibility for legal costs

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muriel.habils

Active Member
30 May 2024
5
0
31
I am currently in dispute with my brother who is both The Executor and a beneficiary. It has just become known to us that the estate (and his legal fees) are covered by the estate? I've just been informed that as I am disputing aspects of how it is being handled and being dragged out that my legals fees are to come out of my share of the estate? I was under the impression that if a challenge occurs to an estate the legal fees are taken from the balance of the estate funds and not out of my pocket. That being both parties pay an equal share in each other's legal costs?
Location is in Victoria
can anyone clarify exactly if I am personally liable for these expenses?
 

perjury

Well-Known Member
8 January 2019
37
2
124
You need to file a Defence to the Will being probated in Court
If you are not a beneficiary of the Will, it will be a family provisions claim
Court will decide where the legal costs will come from, costs will be take into the consideration of the adjudication