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Who pays attorney’s fees in a will contest? The person who hired the attorney, unless the court rules otherwise.
Will contests in New York follow the general American rule where each party typically pays for his own fees, regardless of who wins. However, there may be exceptions.
The Basic Rule – Each Party Pays For His Own Attorney
Both parties need lawyers in a will contest. Attorneys often get paid retainers upfront and then bill hourly. Clients foot the bill initially. But the estate may reimburse fees later, depending on the outcome of the case and the judge’s ruling.
- If there’s a settlement, the estate pays the executor’s fees as an administrative cost. The contesting party pays for his own legal fees.
- If the contest succeeds, the contesting party may be able to take out his attorney fees from beneficiaries who benefit from the successful will contest. But the executor’s attorney will have already be paid by then, and it would be impossible to get that money back.
- If the contest fails, the parties can agree what happens to the fees. Typically, the estate pays the executor’s fees even if the case settles.
Exceptions to the Rule
The contesting party could pay all the legal fees (including the executor’s) if:
- The judge deems the contest frivolous or in bad faith.
- The will has a no-contest clause which triggers forfeiture of inheritance in case the contest is unsuccessful.
The standard rule is whoever hires the will contest attorney pays their fees. But there are exceptions. To get an exception, you would have to apply for it with the Surrogate’s Court judge and get the judge to rule in your favor.
If you are involved in a will contest, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
