The Costs of Contesting a Will

As a law firm specialising in contested probate claims, we are frequently asked how much does it cost to contest a will ? There is no straightforward answer as every case is different.

Sometimes cases settle relatively quickly whilst others may well require Court proceedings which can be very expensive. In all cases the starting point is to obtain a copy of the will. This is often quite difficult as sometimes an executor may refuse unreasonably to disclose a copy. If this is the case, very often a caveat may well be required so as to prevent probate being issued, this then enables investigations to be undertaken regarding the will, such as how it was made, who was present and whether the Deceased had the capacity to actually make the will.

The preliminary investigations need not cost huge sums indeed we typically advise clients that we will undertake the preliminary work on a fixed fee and thereafter discuss the various funding options, which typically are acting on a no win no fee basis, deferred fee basis, contingency fee agreement ( this is on a no win no fee will our costs paid as a percentage of the sums recovered, or a fixed fee. If a negotiated settlement is reached then very often the costs are paid from the estate however this is not always the case and should a case proceed to Court then the payment of costs is always at the discretion of the Court.

If you need help contesting a will or are unsure about the costs call us on 0845 9011 686 and speak with Tim Murden. He can be contacted via e-mail at tim.murden@tmsolicitors.co.uk