Contesting a will can be a significant undertaking, both emotionally and financially. Understanding the realistic costs before you commit to proceedings is important: both to manage expectations and to make an informed decision about whether pursuing the matter is commercially justified. This guide sets out the costs you are likely to encounter when contesting a will with a direct access barrister.
The starting point is an initial consultation to assess whether you have viable grounds to challenge the will. This typically costs £150 to £350 for a 30 to 60 minute telephone or video consultation. At this stage, the barrister will advise you on the strength of the potential claim, the evidence you would need, and the realistic prospects of success.
Taking advice before committing to proceedings is strongly recommended. Many will disputes can be resolved through pre-action correspondence and negotiation, without the need for full litigation.
Before proceedings are issued, there is typically a period of pre-action correspondence: writing to the executor or other parties to set out your concerns and attempt to negotiate a resolution. A barrister can draft this correspondence for you. Costs at this stage typically range from £500 to £1,500 depending on the complexity of the correspondence and the number of exchanges required.
If you need to prevent a grant of probate being issued while the dispute is unresolved, you can register a caveat at the Probate Registry. The court fee for a caveat is currently £20. A barrister can advise you on whether this step is necessary and how to manage it.
If the matter cannot be resolved pre-action, proceedings are issued in the court. Court fees depend on the value of the estate and the nature of the claim, but for contentious probate matters in the Chancery Division, fees are significant, often £1,000 to £5,000 or more for the claim itself, plus further fees as the case progresses.
Contested probate litigation can involve substantial legal costs. If the matter proceeds to a full trial:
The total cost of contested probate litigation that reaches trial can run to £20,000 to £50,000 or more for a complex case. This is why most probate disputes settle before trial.
The general rule in civil litigation is that the loser pays the winner's costs. In probate cases, the court has discretion and may order costs from the estate in some circumstances, particularly where the dispute was reasonable and arose from the deceased's conduct. However, this is not guaranteed. You should proceed on the assumption that you may bear your own costs even if your claim succeeds.
Initial advice costs £150 to £350. Pre-action correspondence costs £500 to £1,500. Court fees and legal fees for proceedings can run to tens of thousands of pounds in complex cases. Most probate disputes settle before trial, significantly reducing total costs. Cost recovery is not guaranteed. Taking specialist advice at the outset to assess the merits and commercial viability of a challenge is essential.
To discuss contesting a will, contact Barrister Connect.