Disputed Costs

Costs Disputed/Notional Estates, Family Provision orders and Administration/Probate

The party/party legal costs of a successful applicant and the reasonable costs of an administrator are usually paid out of the Estate, though the court may order the payment of costs as it sees fit (Succession Act 2006, section 99).

Section 99(2) also enables regulations to be made in respect of costs including the fixing of maximum costs for legal services which may be paid out of the estate or notional estate of the deceased.

Usually an Executor or Administrator’s costs are paid by the Estate and the majority of legal costs of a successful applicant will recovered from the Estate.

JV Legal sometimes agrees to act for clients on the basis that our professional fees are paid at the conclusion of a matter from the monies received from the Estate. We decide this on a case by case basis and will discuss this with you in our initial consultation and regularly update you about fees in the event you retain us to act.