One of the most common questions we get asked is, ‘How much does it cost to contest a will?’
Factors that impact legal costs
As with any legal dispute, the funding of a contested will case is one of the most fundamental issues that needs to be considered. Law can be expensive, so it is vital that anyone who becomes involved in making a claim gives careful thought to how they are going to finance it.
It is difficult to say at the outset what a case is going to cost. This is because there are so many different factors that impact the financial cost of a dispute, such as:
- The complexity of a case
- The evidence that will need to be obtained
- The merits of the claim
- The fortitude of the opponent
Legal costs are traditionally calculated on an hourly basis, so the longer a case goes on, and the more work that is required, the greater the costs will be.
Seniority of the conducting solicitor: Our extensive team
When considering ‘How much does it cost to contest a will?’ another key factor is the seniority of the solicitor who deals with your case. The more senior the lawyer, the higher their hourly rate will be.
We have a large team of specialists who deal exclusively with this area of work. This means that we are able to offer specialist representation at all level. Our team of qualified lawyers includes
- Naomi Ireson, who is team leader. Her successes include the Court of Appeal case of Ely —v— Robson and the case of Williams —v— Praine.
- Chris Holten is a solicitor and partner specialising in Inheritance Act claims.
- Hayley Bundey is also a partner and ACTAPS member who specialises in beneficial interest claims involving proprietary estoppel and represented the claimant in Smith —v— Fraser.
- David Lees, a former police detective, who is a solicitor specialising in contested will claims.
- Sabrina Morey is a solicitor with extensive litigation and court-based experience who deals with invalid wills.
- Anya Hoyland, who trained with us before becoming a solicitor, and now specialises in cases involving trust disputes and executor conflicts.
- Jack Dray, a litigation solicitor with a particular interest in contesting and defending fraudulent Wills.
- Helen Clegg, a vastly experienced solicitor who deals with Inheritance Act claims and disputing funeral arrangements.
- Bronte Pettifer, is a solicitor specialising exclusively in contentious probate law and trusts disputes.
We will be happy to discuss which member of our team will be best suited to your case and provide details of their hourly rate.
Funding options
Because we specialise in contested wills, we are able to offer a range of funding options, including our highly popular No Win, No Fee scheme.
Not all contested will cases are immediately suitable for No Win, No Fee of course. Like any business, we have to take a commercial view. We can only offer this funding scheme where the prospects of success are good. Sometimes it will be clear from the outset that a case has strong legal merits that make it suitable for No Win, No Fee funding. In other instances the strengths might not be quite so clear immediately, and the case will need to be investigated before an assessment can be made.
The type of investigations required will vary from case to case, but often include:
- obtaining the medical records of the person whose will is being contested;
- talking to the witnesses of the will;
- obtaining the case papers from the solicitors who drafted the will;
- requesting a Larke -v- Nugus statement from the solicitors who drafted the will.
Once those investigations have been carried out we will be in a better position to make an informed decision on whether No Win, No Fee funding can be offered. We may be able to carry out that investigatory work for a fixed fee and you can find details of our fixed fee investigations here.
We also offer deferred fees, and can undertake work on a limited fee basis.
Free consultation
If you need further guidance on ‘How much does it cost to contest a will?’ or would like a free consultation about funding your case, contact our legal helpline.