Client Resource
Legal funding for family law and estate matters
Legal costs rarely arrive at a convenient moment. After a separation, the family home, superannuation and investments may all sit in the pool of assets to be divided, yet none of it is accessible while the matter is on foot. In estate matters, probate applications, property outgoings and legal costs often fall due long before the estate can be distributed. Legal funding is one possible payment option for eligible clients in those situations — not the only one, and not the right one for everyone.
Parke Lawyers and JustFund.
Parke Lawyers is accredited with JustFund, an independent provider of funding for eligible family law and estate matters. JustFund is a separate business. It assesses applications, sets its own terms and enters into any funding agreement directly with the client. Our role remains what it has always been: to advise and represent you in the legal matter itself.
Accreditation means we can explain that legal fee funding exists, describe in general terms how it works, and — if you ask us to and authorise it — provide information to JustFund or make an introduction. It does not mean we assess eligibility, approve applications, or recommend that any client borrow.
JustFund publishes its current product information, criteria and disclosures on its own website: JustFund family law funding (opens in a new tab), JustFund estate funding (opens in a new tab) and JustFund compliance information (opens in a new tab).
Family law
Family law funding.
Family law funding is principally connected with a property settlement. The premise is straightforward: where there is an identifiable pool of assets and an expected entitlement, funding may be available to meet approved legal fees and related costs in the meantime, with repayment deferred until the settlement concludes.
That connection to property matters. It is why family law funding is not simply a general-purpose personal loan, and why a matter without an expected property entitlement is unlikely to fit. Parenting-related costs sit in a narrower category again: they may only be considered where parenting and property matters are proceeding together, and only if JustFund accepts them under its criteria at the time of the application. A parenting-only matter should not be assumed to be fundable, and we do not suggest otherwise.
Family law litigation funding does not change the underlying advice we give. A funded matter is still resolved the same way — by negotiation, mediation or, where necessary, court proceedings. What funding may change is the client's ability to pay for representation while that process runs its course.
More about our work in this area: family law services.
Estates
Estate funding.
Estate matters generate expenses early and produce funds late. JustFund's estate funding is directed at that timing gap, and the position differs depending on who is applying.
Executors and administrators
Executors and administrators frequently meet costs personally because the estate's assets are not yet realisable. Estate administration funding may be available for approved administration expenses and legal costs where the estate is expected to have funds available on completion. Whether a particular expense is approved is a matter for JustFund.
Beneficiaries
Beneficiaries may be eligible in some circumstances. JustFund also offers early access to an inheritance as a separate product, assessed against the expected entitlement rather than the estate's administration costs. Neither is available to every beneficiary, and eligibility depends on JustFund's assessment of the estate and the applicant.
Estate disputes
Probate funding and estate litigation funding can extend to eligible estate disputes, including family provision (testator's family maintenance) claims and the defence of an estate, where JustFund accepts the matter. Again, eligibility is not automatic: the merits, the estate's assets and the applicant's position all bear on the assessment.
More about our work in these areas: probate and estate administration and estate litigation and TFM claims.
What funding may cover.
The following are examples only. What is actually covered is determined by JustFund, subject to approval, and recorded in the funding agreement.
Family law examples
- Legal fees for property settlement work
- Court and filing fees
- Valuation and expert report costs
- Mediation and dispute resolution costs
- Parenting-related costs only where a property matter is proceeding together with it and JustFund accepts them
Estate examples
- Legal costs of applying for probate or administration
- Court and filing fees
- Approved estate administration expenses
- Valuation and accounting costs
- Legal costs of eligible estate disputes, including family provision claims
How the process works.
JustFund controls assessment, approval, pricing and the funding agreement. Parke Lawyers may provide information or make an introduction with your authority, but does not decide eligibility.
Enquire or apply
You can approach JustFund directly, or ask us to provide information or make an introduction with your authority. Nothing is shared with JustFund unless you authorise it.
JustFund assesses the application
JustFund reviews the matter, the expected entitlement and your circumstances against its own criteria. It may request further information from you, or from us with your authority.
Terms and approval
If JustFund is prepared to offer funding, it sets the amount, interest, fees and conditions and provides a funding agreement. Approval, pricing and the agreement are entirely JustFund's decisions.
Approved funds and eventual repayment
Approved funds are applied in accordance with the agreement. Repayment is generally deferred until a property settlement concludes or estate or distribution funds become available, subject to that agreement.
Eligibility and suitability.
Funding is optional. Some clients fund legal costs from savings, a family arrangement, an existing facility or an interim property adjustment, and for them funding may be unnecessary. Others prefer not to take on interest-bearing obligations at all. The comparison below sets out, in general terms, how the family law and estate pathways differ; JustFund's current criteria govern in every case.
| Family law | Estate | |
|---|---|---|
| Typical applicant | A separated party to a family law property settlement. | An executor or administrator, or in eligible cases a beneficiary. |
| Connection required | Principally connected with a property settlement and an expected entitlement. | Connected with an estate expected to have funds available on completion, or an expected inheritance. |
| Examples of funded costs | Legal fees, court and filing fees, valuation and expert costs, subject to approval. | Legal costs, probate and court fees, approved estate administration expenses, subject to approval. |
| Disputes | Contested property proceedings where accepted by JustFund. | Estate disputes and family provision matters where eligible. |
| Repayment trigger | Generally on conclusion of the property settlement, subject to the agreement. | Generally when estate or distribution funds become available, subject to the agreement. |
Interest, fees and repayment.
Legal funding is a commercial arrangement. Interest, fees and other charges may apply, and the amount repaid may be materially more than the amount drawn. We do not quote rates or fees on this page, because they are set by JustFund and may change: you must rely on the actual JustFund offer and funding agreement.
Repayment is generally deferred until a family law property settlement concludes, or until estate or distribution funds become available, subject to the terms of the agreement. Those terms also deal with what happens if a matter takes longer than expected, if the outcome differs from expectations, or if the arrangement ends early.
Before signing anything, read the agreement carefully, ask JustFund about the total cost in your circumstances, and consider whether independent legal or financial advice about the funding arrangement is appropriate for you.
Parke Lawyers' role.
We act for you in the legal matter. We advise on your position, prepare and run the matter, and account to you for our fees under our costs disclosure and agreement. That relationship is unaffected by whether you use legal funding.
The funding decision belongs to JustFund and to you. We do not assess your creditworthiness, do not approve or decline applications, and do not provide financial advice about the product. If you would like us to send information to JustFund or make an introduction, we will do so only on your instructions and within the scope of the authority you give us.
Important information
- Funding is optional and may not suit everyone.
- Eligibility and approval are determined by JustFund.
- Interest, fees and other charges apply according to the funding agreement.
- Parke Lawyers is not the lender and does not provide financial advice about the product.
- Parke Lawyers receives no commission or referral fee from JustFund.
- Under PartnerPlus, Parke Lawyers may receive non-cash benefits such as access to services, promotional opportunities and potential referrals.
- Accreditation does not mean Parke Lawyers guarantees approval or recommends that a client borrow.
- Clients should read the terms carefully and consider independent legal or financial advice concerning the funding arrangement where appropriate.
- Parke Lawyers will not disclose client or matter information to JustFund without the client's authority.
Frequently asked questions.
General information about legal fee funding for family law and estate matters. JustFund's current criteria and disclosures prevail over any general description here.
- What is JustFund, and who provides the funding?
- JustFund is an independent Australian provider of funding for eligible family law and estate matters, and it is JustFund — not Parke Lawyers — that provides any funding. JustFund assesses applications, sets its own terms and pricing, and enters into a funding agreement directly with the client. Parke Lawyers is accredited with JustFund but is a separate law practice: it is not the lender, does not advance funds and does not provide financial advice about the product.
- Can funding be used for a family law property settlement?
- Funding for family law matters is principally connected with a property settlement, where there is an expected entitlement from which the funding can later be repaid. Whether a particular matter qualifies is assessed by JustFund against its current criteria.
- Can a parenting-only matter be funded?
- A parenting-only matter should not be assumed to be fundable. Parenting-related costs may only be considered where parenting and property matters are proceeding together, and only if JustFund accepts them under its criteria at the time of application. JustFund can confirm its current position.
- Can executors and administrators apply?
- Executors and administrators may be eligible to apply for funding for approved estate administration expenses and legal costs, where the estate is expected to have funds available on completion. Eligibility depends on the estate, the applicant's role and JustFund's assessment.
- Can a beneficiary apply?
- Beneficiaries may be eligible in some circumstances, including through early access to an inheritance, which JustFund offers as a separate product. Approval depends on the expected entitlement and JustFund's assessment; it is not available to every beneficiary in every estate.
- What costs might be covered?
- Depending on the matter and subject to approval, funding may include legal fees, court and filing fees, expert or valuation costs and, in estate matters, approved estate administration expenses. The categories that apply to a particular application are set by JustFund and recorded in its offer.
- Do interest and fees apply?
- Yes. Interest, fees and other charges may apply and are set out in the funding agreement. The applicable rates, fees and total cost are matters for JustFund; clients should rely on the actual offer and agreement rather than any general description on this page.
- How does the application and approval process work?
- A client enquires with JustFund directly, or asks Parke Lawyers to provide information or make an introduction with the client's authority. JustFund then conducts its own assessment, issues any terms it is prepared to offer, and decides whether to approve funding.
- When is funding repaid?
- Repayment is generally deferred until a family law property settlement concludes or estate or distribution funds become available, subject to the terms of the funding agreement. The agreement governs the timing, amount and manner of repayment.
- What is Parke Lawyers' relationship with JustFund, and is my information shared?
- Parke Lawyers is an accredited firm under JustFund's PartnerPlus program. Parke Lawyers receives no commission, referral fee or other financial payment from JustFund for referrals, but may receive non-cash program benefits such as access to services, promotional opportunities and potential referrals. Accreditation does not mean Parke Lawyers guarantees approval or recommends that a client borrow. Client or matter information is provided to JustFund only with the client's authority, only to the extent of that authority, and subject to our privacy and confidentiality obligations.
Legal Funding
Talk to us about your matter and the payment options available.
The starting point is the legal matter itself. Once we understand it, we can explain how our fees work and whether legal funding is worth exploring in your circumstances. Product questions can be directed to JustFund.
Visit the JustFund website (opens in a new tab)