How much does it cost to contest a will?

When a loved one dies, it is natural to have questions and concerns about the distribution of their estate.

If you believe that the will does not accurately reflect the deceased person's wishes or have concerns about the will's validity, you should seek specialist legal advice as soon as possible.

In this article, we will explore and provide guidance on the likely costs associated with contesting a will.

What does it mean to contest a will?

Contesting a will simply refers to legally challenging the validity of a will in the courts. Typical ways in which you would challenge a will include:

• Lack of capacity: The deceased person did not have the mental capacity to make a will in accordance with the case of Banks v Goodfellow (1870) LR 5 QB 549
• Undue influence: this is when someone has forced another to make a will in terms contrary to their own intentions.
• Knowledge and approval: the will is likely to be invalid if the testator did not fully understand the terms of the will or approve of its contents.
• Lack of formality: the will was not signed in accordance with Section 9 of the Wills Act 1837

What are the costs?

The costs of contesting a will can vary widely depending on the complexity of the case, the number of issues to resolve, the amount of evidence required, and ultimately, the parties' willingness to resolve matters.

Broadly, the costs associated with will challenges comprise of:

• Legal fees: solicitors will charge for their time in advising you on your legal position and assisting you in bringing your case to court. Solicitors generally charge hourly rates ranging from £150 to £500 per hour, depending on the experience and location of the solicitor. Typically, solicitors charge between £ 25,000 and £50,000 plus VAT or more to pursue a contested will challenge in court.
• Court fees: There is likely to be a court filing fee of £695 and a hearing fee of £1,000, although the precise value charged by the court will depend upon the type of application brought and the court in which it was issued.
• Expert fees: The parties may require experts to provide advice on specific issues within the case, such as medical experts giving their opinion on whether the Deceased had capacity. The fees involved in instructing an expert will, of course, vary, but you could expect fees in the region of £2,500 to £5,000, depending upon their experience and what is being asked of them.

What factors impact the costs?

Several factors can affect the cost of contesting a will, including:

• The case's complexity: Cases involving multiple parties, complex legal issues, or high-value estates can be more costly.
• Legal representation: The solicitor's experience and applicable hourly rates will impact the case cost.
• Party conduct: One of the most fundamental factors is the conduct of the parties. If the parties act sensibly, they can avoid significant legal fees by engaging in forms of alternative dispute resolution, such as mediations, to avoid the need to take the case to a final hearing. In contrast, if parties refuse to engage amicably and force applications within proceedings, for example, in relation to disclosure of documents or information, then the legal fees increase dramatically.

What if I win my case?

The usual rule on costs is that the losing party to litigation pays towards the winning party's costs. That said, Judges have a very wide discretion on costs and can take factors such as the parties' conduct into account. It is common for judges to order the losing party to pay some, but not all, of the winning party's costs.

The costs of cases are an important risk factor because if you took your case to court and lost, you would not only have spent money on your solicitors, but you would also likely need to pay your opponent's costs.

Alternative Dispute Resolution

The courts encourage parties to try to resolve disputes between them. Not only is this cheaper for the parties, but it also eases the courts' burden. There are many ways in which parties can focus efforts to resolve a dispute. They could engage in "without prejudice" communication, the purpose of which is for the parties to make offers to resolve the case.

There are also more structured ways to negotiate, namely mediation. Mediation is a formal process where parties attend to one another for a day, the sole purpose of which is to try to reach an agreement. Mediations involve the instruction of a mediator, who acts as the go-between the parties and seeks to retain structure and progress between them.

Whilst mediations do represent a cheaper way to resolve disputes than court, they still attract significant costs. Mediations involve the instruction of a mediator and will ordinarily involve two sets of solicitors charging a full day. Therefore, mediations could attract costs in the region of £8,000 to £15,000 plus VAT, depending again on the hourly rates charged.

Conclusion

The process of contesting a will can be incredibly costly and time-consuming. The costs associated with bringing claims are often an obstacle for clients wishing to challenge a will, but you must be fully aware of the costs before embarking on a pursuit to court. If you are considering contesting a will, seeking advice from an experienced contentious probate solicitor to understand the costs and potential outcomes is essential.