The costs of contesting a will vary depending on the case's complexity. Simple resolutions may cost between £750 to £2,000, while cases that proceed to mediation can reach around £10,000.
Contesting a will involves many costs, each depending on the complexity of the case and the stage at which it is being conducted.
Some of these costs include:
| Type of Fee | Average Cost |
|---|---|
| Solicitor | £1,500-£3,000 (plus VAT) |
| Disbursements | Varies |
| Barrister advice | £1,500-£5,000 (plus VAT) |
| Mediation | £150 per hour |
| Court costs | Varies |
| Mental health expert opinion | £1,600 -£2,000 |
*Costs taken from Higgs, TM Solicitors, Mediation First and Which?
Compare My Move can connect you with up to 6 expert solicitors who will assist you with the will dispute process.
In this guide, we cover everything you need to know about contesting a will in the UK, including why people contest a will and the importance of using a solicitor.
What Are Some of the Reasons for Contesting a Will?
Contesting the will should be a last resort as it will have lasting effects long after the case has been settled. Here are some legitimate reasons as to why you might consider contesting a will:
Lack of Testamentary Capacity
This is relevant if the testator (deceased) was suffering from Alzheimer's, dementia, traumatic brain injuries etc before their death.
Lack of Knowledge of the Will
This relates to the testators understanding of the contents of the will, rather than their mental capacity to create it.
Undue Influence
This is when a family member or beneficiary, coerces the testator into changing what was originally intended in the will.
Fraud or Forgery
This is one of the most difficult claims to prove because it involves a criminal act, requiring legal proof and typically demands an expert analysis of the will.
What Is the Success Rate of Contesting a Will?
While there is no definitive success rate for contesting a will, some statistics suggest that it can be as high as 70%, while others state around 50% of all cases succeed. The outcome will rely on the evidence present.
Who Pays the Costs When Contesting a Will
It's a common misconception that the costs for will disputes are automatically deducted from the value of the estate. While it can fall to the estate there are some other responsible parties:
The Losing Party
If you do not have a 'no win no fee' arrangement in place you may be expected to pay the costs which if the case ends in court, could be in the tens of thousands of pounds.
The Insurance Provider
After the event insurance will be in place if you have a 'no win no fee' agreement and will cover the legal costs if you lose the case.
The Estate
The court may decide that the reasoning behind contesting the will is the fault of the deceased due to lack of capacity or undue influence. As a result, the fees associated with contesting fall upon the estate to pay.
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Why Does Contesting a Will Cost So Much?
Challenging a will can be costly, especially due to expert fees. For instance, if you claim the will was drafted under a "lack of testamentary capacity," you'll likely need a mental health expert.
Multiple valuations for the same asset, such as property appraisals, further add to the expense. With the average property valuation costing £452, these costs can escalate quickly.
If the case goes to court, barrister fees and court costs can push the total into the tens of thousands.
Are There Any Funding Options for Contesting a Will?
Contesting a will can become costly, and you might find yourself struggling to cover the legal fees. There are a few options available to help manage these costs including:
Loans
There are loans specifically designed to cover legal expenses, known as ‘litigation loans’. These loans can be particularly useful if your case proceeds to mediation or court.
No Win, No Fee Agreement
Payment is only required if the case is successful, with some solicitors only taking this option if they feel there is a good chance of 'winning'. If unsuccessful, there is nothing to pay.
Insurance
Depending on your existing insurance policies, you might have coverage for contesting a will. Some policies include legal expenses that can be used for will disputes.
Are There Any Free Options Available?
Due to the high costs associated with contesting a will there aren't any free options available. The closest option is the 'no win no fee' agreement, where it only becomes 'free' if you are unsuccessful.
The are some potential exceptions to this though such as if you mislead your solicitor or refuse to cooperate with them throughout the case.
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Why You Should Use a Solicitor When Contesting a Will
Choosing a solicitor with experience in contentious probate is particularly beneficial. They can let you know whether you have a valid case from the start and the likely outcomes.
Here at Compare My Move, we can connect you with up to 6 probate solicitors in your local area. Simply fill out our online form to be matched with companies and save on your probate costs.
Each solicitor we work with has passed our strict verification process and is a member of one of the following:
Solicitors Regulation Authority (SRA)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Council for Licensed Conveyancers (CLC)
Institute of Chartered Accountants (ICAEW)
