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How Much Does Estate Litigation Cost in Ontario?

Understand what drives the cost of an estate dispute in Ontario, the court fees involved, and how costs are shared between you, the other side and the estate.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • There is no standard price for estate litigation, because the cost depends on the steps the dispute needs and how long it runs.
  • Estate litigation follows the ordinary civil costs rules, and costs come out of the estate only where public policy considerations apply.
  • Courts can make blended orders, where the loser pays part of the other side's costs and the estate bears the balance.
  • Acting unreasonably or in your own interest can leave an estate trustee personally responsible for costs.

If you are a beneficiary or an estate trustee heading into a dispute, one of your first questions is likely what it will cost. It is a fair question, and it is hard to answer in one number. Estate disputes range from a single objection that resolves early to a contested matter that runs through several court steps.

This article explains what drives the cost, which court fees are published, and how a court decides who pays at the end. It does not give a fee range, because any range would be a guess. A lawyer who has reviewed your documents can give you an estimate for your own situation.

Why there is no single price

Legal fees in an estate dispute depend on how much work the dispute needs. A matter that settles after one exchange of letters is very different from one that needs motions, mediation and a hearing. The number of parties, the amount of evidence and how willing everyone is to compromise all matter.

Because of that, be cautious about any figure you see online that claims to be a typical cost. The dollar amounts that appear in court decisions are specific to those cases and are not a guide to what yours will cost.

What drives the cost

Each extra step adds preparation, filings and hearing time. Early, realistic discussions between the parties are often the main way to keep a dispute smaller.

Court filing fees that are published

Court fees are only one part of the total cost of a dispute. The Ministry of the Attorney General lists these fees, and they can change, so check the current list before you file.

StepCourt fee
Notice of objection to accounts$93.00
Notice of objection other than to accounts$94.00
Application to pass accounts$432.00
Application for directions$232.00
Notice of motion served on another party$339.00

Who pays at the end

Estate litigation is governed by the ordinary civil costs regime. Costs come out of the estate only where public policy considerations apply, such as giving effect to valid wills of competent testators, ensuring estates are properly administered, or litigation caused by the testator.

Courts may make blended costs orders. The loser pays part of the other side's costs and the estate bears the balance, and the estate should bear only the costs reasonably associated with ensuring it is duly administered. In the Toronto Region Estates List, the older practice of awarding costs to all parties out of the estate has been tempered by conduct and relative success.

Losing can be expensive. In one reported case, a daughter's application to stop distribution of her mother's estate failed at the threshold, and she was ordered to pay $8,758.19 in costs of the application and $15,000 in partial indemnity costs of the appeal. Costs from the estate are exceptional.

Estate trustees are not protected either. In another case, a trustee who acted unreasonably and in his own self-interest was held personally responsible for costs and was not entitled to indemnity from the estate.

What to do next

Frequently asked questions

Can I get my legal fees paid by the estate?

Sometimes, but not automatically. Costs come out of the estate only where public policy considerations apply, such as ensuring the estate is properly administered. Courts may also split costs, with the loser paying part and the estate bearing the balance.

Do I have to go to mediation?

Mandatory mediation under Rule 75.1 applies to specified estate proceedings, including a contested passing of accounts and claims against an estate. Whether it applies to your matter depends on its type, so confirm with a lawyer.

What happens if I lose?

You may be ordered to pay part of the other side's costs. In one reported case an unsuccessful applicant was ordered to pay costs of the application and of the appeal. The amounts in that case are examples only.

Can an estate trustee be personally liable for costs?

Yes, in some circumstances. A trustee who acted unreasonably and in his own self-interest was held personally responsible for costs and was not entitled to indemnity from the estate.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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