How much does it cost to contest a will?
The reasons above are just some of the common causes for contesting a will. If you think that you might have a case, you should seek legal advice as soon as possible. If you’re thinking of starting the process, there are a number of factors to consider:
- The cost of contesting a will depends on how complex the case is. Reasons could include the number of parties involved and the types of evidence legally required for the dispute.
- The length of time it takes for a case to be settled is also a major factor in the cost.
- Many types of disputes can be settled before they come to court. But if an agreement can’t be reached, court fees can be expensive.
- You must also be aware that legal fees don’t automatically come out of the estate of the deceased. Costs are usually determined by the court and paid by the losing party. In some circumstances, the fees could be deducted from the estate.
- Another factor that could complicate a dispute is if the deceased lived or held assets abroad.
It’s not possible to predict exactly how much contesting a will could cost. But a solicitor will often be able to offer several pricing structures. This can help you manage the financial burden of an inheritance dispute.
There are certain elements that will increase the cost of contesting a will. So it’s always important to discuss with your solicitor whether the grounds you have for contesting are solid.
Things that can affect the cost of contesting a will
The grounds you use
The stronger the grounds for contesting the will, the quicker the process is likely to be. This means fewer hours spent by your solicitor and, hopefully, no need to go to court.
Certain grounds for contesting are more difficult than others to prove. But if you have evidence or access to documents that support your case, the process may be simpler. Always speak to your solicitor about the likely outcomes and which grounds are best for your situation.
Court fees
Going to court will cost more, and the longer a case stays in court, the more the fees build up. Many cases are settled out of court, which is usually less costly.
Time
The sooner you lodge your complaint, the stronger your case is likely to appear. By waiting to contest, you may face more difficulties with probate, and it can make your grounds for contesting weaker.
Complexity
Predicting how complex a case can become is difficult, but it’s worth being aware that complications can arise.
If the situation with the will is complicated, it may take your solicitor more time to build a strong case. These aren’t always easy wins, so it’s worth considering whether the value of contesting is worth the time and money.
Your solicitor will be able to tell you if the case is particularly complex.
On what grounds can you contest a will?
There are several reasons you may choose to contest a will, but it’s important to have evidence to support your claim. The general rule is that when a person writes a will, they must be of sound mind and free from outside pressure.
Specifically, here are the legal reasons people make claims to contest a will:
There wasn’t valid execution
If a will is written without the correct legal requirements in place, it may be deemed invalid due to a lack of proper execution.
This might be because:
- The will isn’t signed by the subject of the will
- The will is not in writing
- The testator signed the will without any intention of making it official
- There were not two witnesses present at the time of signing
Lack of testamentary capacity
A testator must have sufficient mental capacity to write a will. If not, there may be valid grounds to contest it. Medical records of the testator might help prove this type of claim.
When someone writes a will, they must meet the following criteria:
- They must understand that the will sets out how their estate is to be divided
- They must have full knowledge that they are making a will
- They must know the value of the estate as well as understand the assets involved
- They cannot be suffering from a mental illness that affects their capacity to make decisions about their estate
- They must know who might have a claim to their estate
Lack of knowledge and approval
To complete a legally binding will, the testator must fully understand and approve it. They must have a proper understanding of its contents when it is written.
This is not the same as lacking mental capacity. Someone who helped prepare the will may have altered it in some way, despite the testator being of sound mind.
Undue influence
If the testator is coerced into making their will in a particular way, this can be grounds for contesting it. Perhaps assets were passed to someone through manipulation. Claiming undue influence is a serious allegation, so make sure you have evidence before speaking to a solicitor.
Fraud or forgery
Fraudulent or forged wills are invalid in the eyes of the law. Perhaps a will has a forged signature, or false information has been used about a beneficiary to manipulate it. This is clear ground for contesting a will.
Are there extra costs when you contest a will?
If you start contesting before probate is granted, you can ask your solicitor to lodge a caveat. The Probate Registry will then pause the probate process, and this will cost £15.
You will also need to get a copy of the will. If this isn’t provided by the beneficiaries, you can pay £10 for a copy.
What about mediation?
Mediation can be a lower-cost option when contesting a will, as it’s less adversarial. It can often cost around £2,000 to £3,000. It involves discussing the issue directly with the beneficiaries until a compromise can be reached.
Obviously, this isn’t applicable in all situations. But where there is a positive or neutral relationship between the beneficiaries and those contesting, mediation may be a suitable option.
Who pays to contest a will?
Upfront costs for contesting a will are usually minimal. But the process can take a long time, which causes costs to build up.
It’s also important to consider that for people who would struggle financially while probate is paused, the case can become even more expensive. This may apply to spouses or civil partners who have their joint accounts locked after the death of their husband or wife, for example. In some cases, costs may be recovered from the other side or paid once a settlement is received.
Discussing payment issues with your solicitor as soon as possible is always important.
How to contest a will
If you choose to contest a will, be aware that there is often a time limit. You usually have six months to bring a claim once the executor of the estate in question has been given a Grant of Probate. If you think you have grounds to contest a will, you should seek legal advice immediately.
You don’t need to be a direct relative or family member to have the legal right to start an inheritance dispute. You could be a partner, a close friend, or someone who was dependent on the deceased.
You will have to obtain a copy of the will from the executor of the estate as part of the process of contesting it. However, if they’re not willing to share a copy, a solicitor can help you apply for a caveat. You can then lodge a formal claim with the court.
Can you contest a will after probate?
Technically, it’s possible to contest a will after probate, but you should try to avoid it if possible.
Contesting a will after probate is more complicated because it becomes harder to review matters once the assets have been distributed among the beneficiaries.
If you choose to contest a will after probate, you should contact a solicitor as soon as possible.
Contesting a will in Scotland
Contesting a will in Scotland is slightly different from England and Wales, and it can be more difficult.
The main difference is that the Inheritance Act 1975 doesn’t apply in Scotland. This act is concerned with making provision for family members, spouses, or other dependants who would suffer without provision from the will.
The grounds that are valid in contesting wills in Scotland are:
- Incapacity
- Facility and circumvention
- Undue influence
- Fraud
Another clear difference in Scotland is protection from disinheritance, sometimes referred to as forced heirship. This protects an automatic entitlement that children or a spouse should receive from a will. These are called legal rights. However, legal rights don’t determine how much a child should receive from a will if they feel they have not received enough.
Legal rights also don’t apply to land and buildings. These can be passed on to anyone, not just direct descendants.
If you’re concerned about probate and think you may need to contest a will, you can fill out our quick quote form to compare highly qualified, specialised probate solicitors.
Updated on August 2024 by Lisa Hall
