How Much Does It Cost
How much does it cost to contest a Will?
It is difficult to answer how much it costs to contest a Will as it depends on:
- the type of dispute
- the evidence available
- the number of parties who are involved in the dispute
- whether the parties are willing to negotiate – sadly parties often adopt entrenched positions in such matters
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During a Will dispute, each person or party is responsible for paying their own costs. At the beginning of the Contentious Probate case, both the Estate Administrator and the person contesting the Will pay the upfront cost of their legal fees.
Understandably, cost is a huge concern for those who are considering contesting a Will. We will always provide an early assessment of the case and discuss with you funding options. This may include staged costs estimate and fixed fee handling.
Does the estate have to pay the costs in a contested probate case?
The general rule in law is that costs follow the event, which means that if you succeed with your case, your costs are paid by the opponent or from the estate. However, the award of costs is always subject to the discretion of the Court, which means that if the case is subject to Court proceedings, particularly in cases involving family disputes, the Court will often want to consider very carefully the conduct of all the parties involved before making a decision on costs.
Any advice, support and guidance you need, our Contentious Probate Solicitors can help you and offer a free initial case assessment.
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Wills and Probate Team
Manzurul is a Member and heads our Wills and Probate team.
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice