A person who applies to the Supreme Court to challenge a will or seek family provision will usually need to pay a court fee. This can be waived (not enforced) in some circumstances. If the fee is charged, it may or may not be paid back from the estate when the court matter is finished. Check the Court website for a list of current fees.

The Court has discretion to order that legal costs incurred by the applicant or other parties be paid out of the estate or by individual parties [Succession Act 2023 (SA) s 119(8)]. Parties may need to cover their own costs and, if their claim fails, they may be ordered to pay the legal costs of other parties.

To that end, the Supreme Court may order an applicant to pay an amount to the Court (known as security for costs) if the Court believes their application for a family provision order may lack merit or if the applicant will not negotiate with other family members [s 117].