Tony Skinner and Marie discuss the Supreme Court of New South Wales, where all claims are lodged.

Marie explains the process of commencing proceedings by filing a summons, affidavit, cost affidavit, and a notice of eligible persons.

Tony inquires about the court proceedings, and Marie outlines the typical timeline, including a directions hearing within 28 days.

Mediation is compulsory in this area of law, and 90-95% of matters settle at mediation, with only a small percentage going to a court hearing.

Mediation and Court Hearings

Marie emphasizes the benefits of mediation over court hearings, including faster resolution and lower stress for parties.

Tony notes that barristers are involved in this area of law, not just in criminal cases, and Marie explains their role in contesting a will.

Marie mentions a large case in Western Australia involving mining royalties and many lawyers, highlighting the involvement of barristers in significant cases.

The discussion touches on the factors that influence the chances of winning a will contest, including the relationship with the deceased, financial circumstances, and contributions to the estate.

Factors Considered by the Court

Marie lists various factors the court considers when deciding a will contest, including the relationship with the deceased, financial resources, health circumstances, and contributions to the estate.

Tony and Marie discuss how these factors are argued in court, with Marie explaining the importance of a well-drafted will.

Marie highlights the benefits of proper estate planning to avoid litigation and its associated costs.

Tony asks about the costs of contesting a will, and Marie explains the various fees involved, including court filing fees, hearing allocation fees, and barristers' fees.

Costs and Fees Involved in Contesting a Will

Marie details the different costs associated with contesting a will, including court fees, solicitors' fees, and barristers' fees.

The cost varies based on the complexity of the case, the length of the hearing, and the experience of the lawyers involved.

Tony mentions the Hancocks case as an example of a long-running and costly will contest.

Marie explains that defendants' fees are usually paid from the estate, while applicants may need to arrange funding or pay their own fees upfront.

Defendants and Costs in Will Contests

Marie clarifies that defendants in will contests are often the executors named in the will and that their fees are typically paid from the estate.

Tony and Marie discuss the implications of a defendant's costs exceeding the value of the estate, with Marie suggesting that the plaintiff could be asked to pay an amount into court to cover the fees.

Tony shares a personal anecdote about a friend in a similar situation, highlighting the ongoing nature of such disputes.

Marie advises that in cases where there is nothing left in the estate, the defendants should try to reach an understanding with the plaintiff to avoid unnecessary costs.