How expensive is it to contest a will in the UK? The answer depends on several factors, including the complexity of the case, the legal representation you choose and how the dispute is resolved. Contesting a will can be costly so it’s important to understand the costs involved and how to manage them. This guide covers the likely costs, factors that affect them and funding options to help you make informed decisions.
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What Affects the Cost to Contest a Will?
Several things affect the cost to contest a will:
Complexity of the Case: Cases involving undue influence, lack of testamentary capacity or issues with the due execution of the will often require expert evidence and therefore cost more.
Stage of Resolution: Court proceedings are more expensive than early settlements. Resolving disputes through dispute resolution methods like mediation is more cost effective.
Legal Representation: Legal fees vary. A solicitor experienced in contested probate cases can be expensive but may help resolve matters quickly.
Court Fees and Disbursements: You’ll also have to pay court fees including fees for filing claims at the probate registry and administrative expenses.
Funding Arrangements: The type of funding arrangements you choose, such as a conditional fee agreement or a win no fee agreement will impact your costs.
Typical Cost Estimates
Every case is different but here’s an idea of the costs:
Early Settlement: If resolved through an initial letter and negotiation expect to pay around £1,500-£5,000 plus VAT.
Mediation or Negotiation: Costs can be £7,500-£15,000 plus VAT depending on the issues involved.
Court Proceedings: If the case goes to a final hearing costs can be £15,000-£25,000 plus VAT. In complex cases that require a contested trial costs can be over £100,000 plus VAT.
Who Pays the Costs?
The general rule is that the losing party pays the winner’s costs, including legal fees and court fees. But courts have a lot of discretion and there are two exceptions to this rule:
- If the dispute arose from the deceased’s unclear wishes or caused by the person making the will, the estate may pay the costs.
- If all the parties acted reasonably, the court may order each party to pay their own costs. So even if you win, you could still have to pay your own legal costs unless the court decides otherwise.
In cases of opposing probate and losing, you may also have to pay the other party’s costs, increasing the financial risk. It’s vital to obtain legal advice early to understand the risks involved.
How to Manage Legal Costs
To manage costs consider the following:
Legal Expenses Insurance: Check your existing insurance to see if it covers legal disputes, including inheritance claims.
Conditional Fee Agreement (No Win, No Fee): A win no fee agreement means you only pay your solicitor if you win. But you may still have to pay the other party’s costs if you lose.
After the Event Insurance: This insurance covers the other party’s costs if your case is unsuccessful, so you’re protected from unexpected financial liabilities.
Legal Aid: Although rare in contested wills cases, it’s worth checking if you qualify under specific circumstances.
Reducing Costs Through Dispute Resolution
Alternative dispute resolution methods like mediation can be a cheaper way to resolve disputes without going to court. Mediation helps the parties reach an agreement, often keeps family relationships intact and saves on legal costs. Mediation costs around £10,000 which is significantly cheaper than a contested trial. Courts use established legal authority to decide on costs when parties don’t bargain in good faith.
Conclusion
Now you know how much it costs to contest a will in the UK you can prepare for the costs involved. The likely legal costs depend on the complexity of the case, the funding you choose and the way you resolve the dispute. Early settlements, mediation and managing your legal fees will make it more affordable. Always seek advice from an experienced solicitor to understand your options and reduce the financial risk.
Frequently Asked Questions
1. How long does it take to contest a will in the UK?
Timeframes vary. Some cases settle in months, others go to a full trial in over a year. Mediation speeds up the process.
2. What are the grounds to contest a will?
Common grounds are undue influence, lack of testamentary capacity, fraud or improper execution. You need valid legal grounds for a strong claim.
3. Can I contest a will after probate has been granted?
Yes, but it’s harder. Act quickly and get legal advice to understand the time limits and legal complexities.
4. What is a caveat and when should I put one in?
A caveat stops probate from being granted, giving you time to investigate the will’s validity. We use it when we suspect there’s an issue with the will.
5. Is mediation required before court proceedings?
Not required but highly recommended. Courts expect parties to try to resolve the dispute before a contested probate case.
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