The death of a close friend or a loved one can be a very difficult time for all involved. Unfortunately, things can get even more challenging when it comes to the deceased’s Will, especially if someone who has been left out of the Will believes they should receive something from the estate. If this happens, they will likely consider contesting the Will.
As with any legal dispute, contesting a Will can be expensive. Knowing and understanding the costs of contesting a Will can determine whether or not you move forward with legal action.
Costs of Contesting a Will
It can be difficult to pinpoint the exact cost of contesting a Will as many factors can affect the amount of legal fees. These can include:
- How many parties are involved
- The number of witnesses that will be called
- If expert evidence is required
- The complexity of the legal issues
- If court proceedings have to be issued
- How strongly the case has to be defended
- If the case goes to a contested trial
The more straightforward the case is, the lower the cost will be. And if you can settle out of court, you can reduce the costs even more. Usually, costs can range from between ten pounds, all the way up to a couple hundred thousand pounds.
Keep in mind that the majority of the legal costs will accrue in the early stages of the process. This is because a significant part of the work occurs at the beginning of the process.
Costs can also vary depending on the type of legal action that you are taking. A claim made under the Inheritance (Provision for Family and Dependants) Act of 1975 could be less expensive than if you contest the validity of a Will.
Who Pays the Costs of Contesting a Will?
Typically, if you win your case, your costs are paid for by the estate. Meaning if you lose, you pay the winner’s costs. It is important to remember that costs are always subject to the discretion of the Court. When the Court hears cases, especially ones involving family disputes, they will consider the conduct of all involved parties very carefully before deciding who is ultimately responsible for the costs.
Payment Options When Contesting a Will
Different payment options may be available to help you manage the cost of contesting a Will. While these are common options, they may differ depending on the solicitor you choose and their payment options.
- Interim billing — Your solicitor will issue monthly invoices for their service.
- Fixed fee — Some solicitors will provide you with a quote laying out all fees for their services. This is a fixed amount, so even if the case takes longer than expected, you will not be required to pay more than the agreed-upon fee.
Contesting a Will Outside of Court
Settling a dispute outside of court can be effective if the executor, other beneficiaries, and the deceased’s immediate family are open-minded about resolving the conflict. Most of the time, people are willing to choose a path that doesn’t lead to a courtroom.
Mediation is a way to avoid litigation. Costs are far less than going to court and it can help retain amicable relationships with all parties.
Trust the Experts at Elizabeth Middleton Solicitors When Contesting a Will
It’s important to remember that there isn’t only a monetary loss when contesting a Will. You also risk damaging personal relationships and negatively impacting your mental well-being. However, if you have carefully considered the potential ramifications of contesting a Will and choose to move forward, enlisting the services of a qualified, experienced solicitor is essential.
At Elizabeth Middleton Solicitors, we know that this is a difficult time for you, and we will listen to you and approach your case with empathy and understanding. We have been serving clients for over a decade, so you can rest assured you will receive expert legal advice on your situation.
Contact us today to schedule a consultation.
