- 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
- Mediation. Mandatory mediation applies to specified estate proceedings, including a contested passing of accounts and claims against an estate.
- Motions for directions. Mediation directions normally form part of a motion for directions, which sets the procedural framework for a contested matter.
- Notifying the Office of the Children's Lawyer. It must be served in estate matters affecting a child's interest, including will challenges, will interpretation, trustee removal and dependant support claims.
- Accounts. A contested passing of accounts is decided on the issues raised in the notices of objection, so the number and breadth of objections shapes the work.
- Preserving assets. If you ask the court to protect property while a dispute is decided, the court looks at whether the assets are in dispute, whether there is a serious issue to be tried and the balance of convenience.
- Delay and repeated steps. Repeated objections can delay administration, and an estate trustee can bring a motion to test whether an objector may keep pursuing them.
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.
| Step | Court 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
- Gather the will, any codicils, account records and correspondence before you meet a lawyer.
- Ask for a written explanation of the likely steps, who might pay costs, and how fees will be billed.
- Ask how mediation and any costs outline fit into your timeline. In the Toronto Region, parties must file and serve a costs outline before a hearing.
- Think about what outcome would actually satisfy you, and whether a negotiated result is possible.
- Confirm any deadlines early, since they depend on the type of claim.
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
- Wall v. Shaw, 2018 ONCA 929 — ontariocourts.ca
- Sawdon Estate v. Sawdon, 2014 ONCA 101 — ontariocourts.ca
- Johnson v. Johnson, 2022 ONCA 682 — ontariocourts.ca
- Superior Court of Justice, Consolidated Practice Direction (Toronto Region), Part F.9 — ontariocourts.ca
- Appleyard v. Zealand, 2022 ONCA 570 — ontariocourts.ca
- Ontario.ca, Civil court fees — ontario.ca
- Ontario.ca, The Office of the Children's Lawyer and estates and trusts matters — ontario.ca
- BMW Canada Inc. v. Autoport Limited, 2021 ONCA 42 — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.