Cost of Contesting a Will

Understanding the likely cost of a will dispute helps you decide whether to bring or defend a claim. The total depends on the complexity of the case, how far it progresses and whether it settles early through negotiation or mediation.

We will give you an estimate at the outset and update it if circumstances change.

What Affects the Cost of Contesting a Will?

Several factors influence the cost of bringing or defending a claim:

• Complexity: Disputes involving several parties or substantial estates require more time and evidence.
• Evidence: Clear evidence can lead to earlier settlement and lower costs.
• Negotiation or litigation: Cases resolved by negotiation or mediation usually cost much less than those that go to trial.
• Representation: The involvement of a barrister and expert witnesses adds to the cost.

We aim to keep costs proportionate to the value of the estate and what is in dispute.

Typical Cost Ranges

• Initial Case Review: From £500 + VAT
• Mediation or Settlement Negotiation: Typically £2,000 to £5,000 + VAT depending on complexity
• Full Litigation (Court Proceedings): From £10,000 + VAT upwards depending on evidence and trial length

We will always provide an estimate based on your individual case and update it if circumstances change.

Funding Options Available

We offer several flexible funding arrangements to suit your circumstances:

• Pay-as-you-go: Standard hourly billing with regular updates and itemised invoices.
• Fixed Fees: Available for specific stages such as initial advice or mediation.
• Deferred Payment: In some cases, fees may be paid from the estate once resolved.
• Legal Expenses Insurance: Check whether your home or contents insurance policy covers legal costs.
• No Win, No Fee (Conditional Fee Agreements): In appropriate cases, we may be able to act on a success-fee basis.

Recovering Costs

The general rule is that the unsuccessful party pays a substantial part of the successful party's legal costs. Costs are, however, at the court's discretion. The court will take into account the parties' conduct, including any unreasonable refusal to mediate or to accept a reasonable offer. Even a successful party rarely recovers all of their costs. We will advise you on the costs risks in your case.

Keeping Legal Costs Under Control

• Provide documents and information promptly.
• Concentrate on the issues that affect the outcome.
• Consider mediation before court proceedings.
• Agree a clear strategy and budget at the outset.

How We Help

We give you a cost estimate for your case, bill regularly so you can follow the costs as they are incurred, and advise on the funding options available to you.

Next Steps

If you are considering contesting or defending a will, please contact us. We will explain your options, the likely costs and the possible outcomes before you decide how to proceed.

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