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Cost of Contesting a Will in the UK: Legal Fees, Funding & Who Pays

· 51 min

Note: The following scenario is fictional and used for illustration.

James, 42, discovered his late father's will left the entire £450,000 estate to his stepmother, despite James caring for his father during his final year with dementia. James believed the will was made under undue influence, but when he contacted solicitors, he received quotes ranging from £15,000 to £50,000 to contest it—money he didn't have after taking unpaid leave to provide care. He walked away, assuming he had no options.

James's situation is painfully common. Between 2012 and 2023, Inheritance Act claims increased by 127%, yet many legitimate challengers abandon claims due to cost fears. The reality is more nuanced: contesting a will in the UK can cost anywhere from £750 for early settlements to over £100,000 for High Court trials, but multiple funding options exist that James didn't know about—including no win no fee arrangements, after the event insurance, and cases where costs come from the estate itself.

This article provides complete transparency on what contesting a will actually costs, who pays if you lose, and how to fund a challenge even with limited means.

Table of Contents

What Does It Cost to Contest a Will? (UK Cost Breakdown)

The cost of contesting a will in the UK varies dramatically depending on how quickly the dispute resolves and how complex the case becomes. Most people are shocked to discover the range spans from less than £1,000 to well over £100,000.

Here's the cost spectrum based on when your case settles:

Early settlement (after initial letter): £750-£3,000 + VAT

If the executor receives a solicitor's letter outlining your challenge and immediately agrees to negotiate, you might spend as little as £750 on legal fees. This assumes the letter is compelling enough to prompt settlement within two weeks.

Mediation settlement: £8,000-£15,000 + VAT per party

When cases proceed to mediation after several months of correspondence and evidence gathering, costs typically reach £8,000 to £15,000 per party including the mediator's fees.

Pre-trial settlement: £15,000-£40,000 + VAT

If your case advances to court proceedings but settles before trial—perhaps after witness statements are exchanged or during a settlement conference—expect costs between £15,000 and £40,000.

Full trial: £40,000-£100,000+ + VAT

Cases that proceed to a multi-day High Court trial can cost £40,000 to £100,000 or more, depending on the number of parties, expert witnesses required, and trial duration.

The good news: most inheritance disputes settle before trial, with average settlement times of six months for cases resolved out of court.

What Affects Your Costs?

Six key factors determine where your case falls on the cost spectrum:

Case complexity: A straightforward challenge involving a single beneficiary costs far less than a multi-party dispute with competing claims.

Type of challenge: Lack of capacity claims requiring medical evidence differ in cost from Inheritance Act claims based on financial need, which differ again from forgery allegations needing handwriting experts.

Estate value: Higher-value estates create higher stakes, leading to more aggressive litigation and higher costs. A £50,000 estate rarely justifies the same investment as a £500,000 one.

Number of parties: Each additional party—whether co-beneficiaries, executors, or other claimants—adds complexity, correspondence, and cost.

Geographic location: London solicitors charge significantly more than regional firms. Expect London rates to be 30-50% higher for equivalent experience levels.

Strength of evidence: Weak cases require more expert evidence to overcome skepticism, while strong cases with compelling medical records or witness statements may settle quickly.

Real Cost Examples

Consider these three scenarios showing how costs accumulate:

Scenario 1 - Emma's Quick Settlement

Emma's mother died leaving everything to a caregiver who'd known her only six months. Emma's solicitor sent a letter alleging lack of capacity, supported by the GP's letter confirming dementia diagnosis. The executor, recognizing the claim's strength, agreed to negotiate within two weeks.

Total costs: £1,200 + VAT for letter drafting, evidence gathering, and one settlement call.

Scenario 2 - David's Mediation

David brought an Inheritance Act claim against his late father's estate, arguing inadequate provision despite 15 years of estrangement. After four months of correspondence exchanging financial disclosure and position statements, both parties attended mediation.

Total costs: £12,500 + VAT including solicitor time (£9,000), mediator fee share (£1,500), financial disclosure preparation (£1,500), and mediation day attendance (£500).

Scenario 3 - Sarah's Trial

Sarah challenged her father's will alleging undue influence by his second wife. Three beneficiaries defended the will. The case required two expert witnesses (medical and financial), extensive disclosure of bank records and correspondence, and a four-day trial.

Total costs: £87,000 + VAT including solicitor fees (£52,000), barrister fees (£18,000), expert witnesses (£9,000), court fees (£2,000), and disbursements (£6,000).

These examples illustrate why understanding funding options and settlement strategies is critical—the difference between £1,200 and £87,000 often comes down to timing and negotiation.

How Solicitor Fees Work in Will Dispute Cases

Most solicitors handling will disputes charge hourly rates rather than fixed fees. Understanding how these rates work and how costs accumulate helps you budget realistically.

Hourly Rate Breakdown

From 1 January 2025, UK solicitors' guideline hourly rates increased by 3.65% to reflect inflation. Rates vary by experience level and location:

Junior solicitor (1-3 years post-qualification experience): £150-£250/hour outside London, £200-£320/hour in London

Senior solicitor (5-10 years PQE): £250-£400/hour outside London, £320-£500/hour in London

Partner or specialist: £350-£500/hour outside London, £450-£650/hour in London

London premium: Add 30-50% to all rates for firms in Central London postcodes (EC1-4, W1, WC1-2, SW1).

These are guideline rates. Some firms charge more for specialized contentious probate expertise, while others offer competitive rates to attract clients.

How Costs Accumulate

Let's break down where solicitor time goes in a typical will dispute:

Initial consultation and case assessment: 2-4 hours (£300-£2,000)

Your solicitor reviews the will, evaluates your grounds for challenge, assesses prospects of success, and explains the process. This initial phase determines whether you have a viable claim.

Gathering evidence and witness statements: 10-20 hours (£1,500-£10,000)

Collecting medical records, financial documents, correspondence, and taking statements from witnesses who can support your case. Complex cases involving multiple witnesses or extensive document requests consume more time.

Correspondence with opposing party: 5-15 hours (£750-£7,500)

Letters before action, responses to the other side's solicitors, negotiations, and settlement discussions. Protracted negotiations with multiple parties increase this substantially.

Court application preparation: 8-16 hours (£1,200-£8,000)

If settlement fails, preparing and filing court documents including claim forms, particulars of claim, witness statements, and evidence bundles.

Trial preparation (if reached): 40-80 hours (£6,000-£40,000)

Preparing for trial involves detailed review of all evidence, witness preparation, instructing barristers, preparing trial bundles, and strategic planning.

Trial attendance (per day): 8-10 hours × £400-£500 = £3,200-£5,000/day

Most contested probate trials last 2-5 days, though complex multi-party disputes can extend to two weeks.

Understanding Retainer Agreements

Most solicitors require an upfront retainer—money held in their client account as security for fees. Typical retainer amounts range from £3,000 to £10,000 for the initial phase.

As work proceeds, the solicitor deducts fees from the retainer. When it depletes to a certain level (often £500-£1,000), they'll request a top-up payment. If you can't pay, work typically stops until you replenish the retainer.

You have the right to regular cost updates and estimates. Good solicitors provide monthly statements showing time spent, tasks completed, and remaining retainer balance.

Fixed Fee vs. Hourly Billing

Fixed fees are rare in contentious probate because outcomes are too unpredictable. Unlike conveyancing or simple will drafting, disputes can escalate or settle unexpectedly.

Some firms offer fixed fees for specific limited tasks:

  • Initial advice and prospects assessment: £500-£1,500 fixed
  • Letter before action only: £750-£1,500 fixed
  • Mediation preparation and attendance: £3,000-£5,000 fixed

Beyond these discrete tasks, most work proceeds on hourly billing with estimated ranges.

Cost Buildup Timeline Example

Here's how costs typically accumulate over a six-month case that settles at mediation:

Month 1: Initial consultation (2 hours), evidence gathering (8 hours), letter before action (3 hours) = 13 hours × £270 average = £3,510

Month 2-3: Correspondence and negotiations (12 hours), additional evidence requests (5 hours), conference with client (2 hours) = 19 hours × £270 = £5,130

Month 4: Mediation preparation (10 hours), position statement (4 hours), disclosure review (3 hours) = 17 hours × £270 = £4,590

Mediation day: Attendance and negotiation (8 hours) × £270 = £2,160

Total solicitor fees: £15,390 + VAT (£18,468 total) plus mediator fees and disbursements.

Understanding this accumulation pattern helps you recognize when costs are escalating and whether settlement makes more financial sense than continuing litigation.

Court Fees, Expert Costs, and Hidden Expenses

Solicitor fees represent only part of your total costs. Disbursements—expenses beyond legal fees—can add £10,000 to £30,000 or more to your final bill.

Court Fees

Court filing fees for High Court contentious probate claims are £695, with additional hearing fees of £1,000 or more depending on hearing type and duration.

Typical court fee breakdown:

  • Claim form filing: £695
  • Interim application hearings: £275-£1,000 each
  • Final hearing fee: £1,000-£1,500
  • Total court fees for typical case: £1,500-£3,000

These fees are mandatory and must be paid regardless of your funding arrangement.

Expert Witness Fees

Many will disputes require expert evidence to establish your case:

Medical expert (capacity assessment): £2,500-£5,000 per report

When challenging a will on grounds of lack of testamentary capacity, you'll typically need a consultant psychiatrist or geriatrician to review medical records and provide an opinion on the testator's mental state. If they're required to attend trial to give evidence, add £1,500-£3,000 per day.

Handwriting expert (forgery claims): £3,000-£6,000

Allegations of forged signatures or disputed execution require forensic document examiners who compare questioned signatures against known samples.

Financial expert (complex estates): £5,000-£15,000

Inheritance Act claims involving business valuations, pension calculations, or disputed asset values may need forensic accountants or chartered surveyors.

Expert fees typically range from £2,500 to £5,000 for standard reports, with complex cases requiring multiple experts costing significantly more.

Barrister Fees

If your case reaches court, you'll likely instruct a barrister (specialist advocate) in addition to your solicitor:

Junior barrister (drafted pleadings): £2,000-£5,000

Barristers draft the formal court documents including particulars of claim, defenses, and witness statements for court use.

Junior barrister (trial advocacy, per day): £1,500-£3,000

For a three-day trial, expect £4,500-£9,000 in barrister trial fees alone.

Senior barrister or QC (complex cases): £5,000-£15,000 per day

High-value or particularly complex disputes may justify instructing Queen's Counsel, though their fees substantially increase costs.

Other Disbursements

Don't overlook these additional expenses:

Document retrieval: £200-£500 for obtaining medical records, bank statements, and other third-party documents through formal requests.

Courier and postage: £100-£300 for court document delivery, witness bundle shipping, and urgent correspondence.

Copying and binding: £150-£400 for professional document copying, trial bundle preparation, and binding for court.

Travel expenses: £200-£800 if attending court outside your local area or meeting witnesses requires overnight stays.

VAT: Remember to add 20% to all solicitor fees and many disbursements (though court fees are VAT-exempt).

Total Disbursements Example

Consider a moderately complex case proceeding to a two-day trial:

  • Court fees: £1,700
  • Medical expert (capacity report): £4,000
  • Barrister (pleadings and two-day trial): £6,000
  • Document retrieval: £350
  • Copying and travel: £450

Total disbursements: £12,500 (on top of £25,000-£40,000 in solicitor fees)

Hidden Cost Warnings

Three often-overlooked expenses catch people by surprise:

After the event insurance premiums: If you take out ATE insurance and win, you'll owe the deferred premium from your inheritance—typically £1,000-£5,000 or more. This isn't a hidden cost if explained properly, but many clients forget it reduces their net recovery.

Enforcement costs: If you win but the losing party won't pay voluntarily, enforcing the court's costs order can cost £500-£2,000 in additional legal fees and court fees.

Compliance with court orders: Courts may order you to provide disclosure, produce documents, or comply with procedural requirements. Each compliance task costs solicitor time and potentially third-party fees.

The lesson: when solicitors quote £15,000-£40,000 for a case, always ask specifically what's included and what disbursements are additional. Request a detailed cost estimate breaking down fees and disbursements separately.

Understanding who pays costs—and when—is critical before starting any will dispute. The stakes extend beyond your own legal fees to potentially covering your opponent's costs as well.

The "Loser Pays" Principle

Under CPR Part 44.2(2)(a), the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party. This "loser pays" or "costs follow the event" principle applies to most civil litigation, including will disputes.

"Reasonable costs" doesn't mean the winner recovers every penny spent. The court assesses costs on either the standard basis (most common) or indemnity basis, and may reduce costs deemed disproportionate to the estate value or issues involved.

Proportionality matters: if you spend £60,000 contesting a £100,000 estate, the court may not award you full costs even if you win, deeming some expenses disproportionate.

When You Pay Both Sides' Costs

If you lose your will challenge, you typically pay:

  • Your own solicitor fees and disbursements: The £15,000-£50,000 you've already spent
  • Opponent's solicitor fees (on standard basis): Typically 70-80% of what they actually spent, so if they spent £30,000, you might owe £21,000-£24,000
  • Opponent's disbursements: Court fees, expert fees, and other expenses (full amount)

Total exposure example: Your costs £25,000 + opponent's assessed costs £30,000 = £55,000 total liability if you lose.

This is why after the event insurance becomes critical—without it, losing a will challenge can be financially devastating.

Traditional Probate Exceptions (When Costs Come From Estate)

Historically, courts recognized two situations where costs should come from the estate rather than the losing party:

Exception 1: Testator Caused the Dispute

If the testator created ambiguity or uncertainty in their will—through poor drafting, contradictory provisions, or unintentional destruction—the estate should bear the costs of resolving it.

Examples include:

  • Ambiguous gift clauses (like "my property" when the testator owned multiple properties)
  • Contradictory provisions in different clauses
  • Lost or accidentally destroyed wills requiring court determination
  • Home-made wills with unclear or contradictory terms

Exception 2: Reasonable Grounds for Investigation

If circumstances made it reasonable to investigate the will's validity, courts might order estate to pay costs even if the challenge fails.

Examples include:

  • Genuine concerns about capacity backed by medical evidence
  • Suspicious circumstances around execution (beneficiary present during signing)
  • Sudden will changes shortly before death
  • Allegations of undue influence supported by witness evidence

Important: Modern courts apply these exceptions much more narrowly than Victorian-era judges. As one judgment noted, "less importance is attached today than in Victorian times to the independent duty of the court to investigate".

You cannot simply rely on the estate paying costs because you're disputing a will. Courts now require clear justification rooted in the testator's actions or objectively reasonable concerns.

Executor's Special Position

Executors occupy a unique position regarding costs:

Neutral executor ("holding the ring"): Under CPR 46.3, executors acting in a representative capacity get their costs from the estate on an indemnity basis. This applies when the executor takes no position on the dispute but simply seeks the court's determination.

Example: An executor finds two potentially valid wills and genuinely doesn't know which should be admitted to probate. They ask the court to decide. The executor's costs come from the estate because they're properly performing their duties.

Partisan executor (defending as beneficiary): If the executor also benefits under the will and actively defends it against challenge, they lose the protection of the neutral position. They become subject to the standard loser pays rule.

Example: An executor who is also the sole beneficiary vigorously defends the will against a capacity challenge. If the challenge succeeds, the executor may have to pay the challenger's costs personally, not from the estate.

This distinction is crucial: executors should carefully consider whether to take a neutral stance or actively defend, weighing their fiduciary duties against personal cost exposure.

Factors Courts Consider When Deciding Costs

Even with the general loser pays rule, courts exercise discretion based on several factors:

Conduct before and during proceedings: Did parties attempt genuine settlement negotiations? Did anyone make reasonable offers to settle that were rejected? Courts penalize unreasonable refusal to negotiate.

Reasonableness of raising allegations: Were your allegations supported by evidence or purely speculative? Courts look unfavorably on unfounded allegations that waste court time.

Exaggeration of claims: If you claimed £200,000 under the Inheritance Act but only received £50,000, did you exaggerate? Courts may reduce your costs recovery accordingly.

Refusal to engage in alternative dispute resolution: Refusing mediation or other ADR without good reason can result in cost penalties even if you ultimately win.

Real Cost Examples

Three scenarios illustrate different outcomes:

Case 1: Challenger Loses at Trial

Adult child contests father's will alleging undue influence by stepmother. After a three-day trial, the judge finds no evidence of undue influence and upholds the will.

Court order: Claimant pays own costs (£40,000) plus defendant's costs assessed on standard basis (£35,000 reduced from £42,000 actually spent). Total: £75,000.

Case 2: Ambiguous Will, Estate Pays

Testator's will states "divide my estate between my children" but testator had three biological children and two stepchildren. Uncertainty is genuine. Executor seeks court's determination.

Court order: Both parties' costs (£18,000 total) paid from estate because testator's ambiguous drafting caused the dispute.

Case 3: Settlement, Each Side Bears Own Costs

Adult child brings Inheritance Act claim seeking £80,000 from £300,000 estate. After mediation, parties settle for £60,000 to claimant. Settlement agreement includes "each party to bear their own costs."

Result: Claimant pays own costs (£12,000), executor pays own costs from estate (£11,000). No costs order against either party.

The third scenario is increasingly common—settlement agreements often include each side bearing their own costs rather than arguing over cost recovery, which could derail the settlement.

No Win No Fee for Will Disputes: How CFAs Work

Conditional fee agreements (CFAs), commonly called "no win no fee," offer a way to pursue will challenges without paying solicitor fees unless you win. Understanding exactly what CFAs cover—and what they don't—is essential.

What is a Conditional Fee Agreement?

A CFA is a formal agreement where solicitors only charge fees if you win. If you lose, you owe no solicitor fees. The solicitor shares the risk of losing with you.

CFAs must be in writing to be valid. The agreement specifies:

  • What work is covered
  • What constitutes "winning"
  • The success fee percentage
  • What happens if you withdraw or lose

How CFAs Work in Practice

If you win: You pay your solicitor's normal hourly fees PLUS a success fee (typically 25-100% of the normal fees).

If you lose: You owe no solicitor fees, but you remain liable for disbursements (court fees, expert fees) and the opponent's costs unless you have after the event insurance.

Success fee example:

Normal fees for six-month case: £20,000 Success fee (50% uplift): £10,000 Total owed if you win: £30,000

This £30,000 comes from your inheritance or settlement, reducing your net recovery.

What CFAs Cover vs. Don't Cover

Covered by the CFA:

  • Your solicitor's time and legal work
  • Usually barrister fees (also on CFA basis)

NOT covered by the CFA (you still pay):

  • Court fees (£695-£3,000)
  • Expert witness fees (£2,500-£5,000+)
  • Document retrieval and copying costs
  • Mediator fees
  • Opponent's costs if you lose (this is critical)

The last point bears repeating: a CFA eliminates your own solicitor fees if you lose, but you remain fully exposed to the opponent's legal costs—potentially £20,000-£80,000 depending on case complexity. This is why after the event insurance is essential alongside a CFA.

Success Fee Caps and Limits

Success fees cannot exceed 100% of normal fees. A solicitor can't charge a 150% success fee even for a risky case.

Personal injury claims cap success fees at 25% of damages (not 25% of fees—25% of what you recover). Will disputes have no equivalent cap, so success fees can reach 100% of the base fees.

Typical success fees in will disputes:

  • Strong cases (70%+ prospects): 25-40% success fee
  • Moderate cases (60-70% prospects): 40-60% success fee
  • Weaker cases (50-60% prospects): 60-100% success fee

2013 Jackson Reforms Impact

Before April 2013, the losing party paid the winner's success fee and ATE insurance premium. This made CFAs very attractive—you risked nothing.

After 1 April 2013, winners must pay their own success fees and ATE premiums from their damages. This significantly changed the economics: if you recover £80,000 but owe £24,000 in success fees and £4,000 ATE premium, your net recovery is £52,000.

The 2013 reforms made CFAs less attractive but they remain available and useful for people who cannot afford hourly billing.

Eligibility for CFAs in Will Disputes

Not every case qualifies for a CFA. Solicitors assess:

Prospects of success: Most require at least 60% prospects (more likely than not to win). Below 50%, CFAs are rarely offered.

Minimum claim value: CFAs are typically only offered where the claim value exceeds £10,000 because smaller recoveries don't justify the solicitor's risk.

Strength of evidence: You need strong evidence supporting your challenge—medical records showing incapacity, witness statements about undue influence, or clear financial need for Inheritance Act claims.

Types of suitable claims: CFAs work well for Inheritance Act claims (quantifiable financial need), lack of capacity challenges (medical evidence), undue influence claims (witness testimony), and forgery allegations (expert evidence).

Why Some Solicitors Don't Offer CFAs

Many contentious probate specialists prefer hourly billing because:

High unpredictability: Will disputes turn on witness credibility and judicial discretion, making outcomes less predictable than, say, personal injury claims with medical evidence.

Cost-benefit analysis: For smaller estates (under £100,000), success fees may consume too much of the recovery to be worthwhile for clients, yet the solicitor's work is similar.

Cash flow preference: Established firms prefer steady cash flow from hourly billing over uncertain success fees paid months or years later.

If a solicitor declines to offer a CFA, this doesn't necessarily mean your case is weak—it may simply reflect their business model.

Specific CFA Example - Timeline

Month 1-3: Solicitor gathers evidence, drafts letter before action, negotiates with opponent (15 hours work, no fees paid yet by you).

Month 4-6: Correspondence continues, mediation preparation, documents exchange (22 hours additional work, still no fees paid).

Month 6: Mediation day. Case settles for £80,000 inheritance.

Solicitor's bill:

  • Normal fees for 37 hours × £270/hour = £9,990
  • Success fee (60% uplift) = £5,994
  • Total solicitor fees: £15,984

Plus disbursements already paid throughout:

  • Court fee (if filed): £695
  • Mediator fee share: £1,500
  • Document retrieval: £300
  • Total disbursements: £2,495

Your net recovery: £80,000 - £15,984 - £2,495 = £61,521

Compare this to hourly billing where you'd have paid £9,990 + disbursements even if you lost, and the CFA's value becomes clear for those without upfront funds.

Important CFA Warnings

Before signing a CFA:

Get independent advice: Some firms offer free CFA reviews. At minimum, ensure you understand exactly what you're signing.

Understand the "lose" scenario: You still face disbursements and opponent's costs exposure. Ask the solicitor to quantify your worst-case exposure if you lose (typically £25,000-£60,000).

Insist on ATE insurance: A CFA without ATE insurance leaves you exposed to potentially ruinous opponent's costs. We'll cover ATE in detail next.

Check cooling-off period: Most CFAs include a 14-day cooling-off period allowing you to cancel without penalty.

Request cost-capped disbursements: Some solicitors agree to cap disbursements at a certain level (e.g., £5,000) to limit your exposure.

A CFA is a powerful tool for accessing justice without upfront funds, but it's not risk-free. Pairing it with ATE insurance transforms it from risky to manageable.

After the Event Insurance: Protecting Against Cost Orders

After the event (ATE) insurance is the essential companion to no win no fee agreements. It protects you from the single biggest financial risk in litigation: paying the opponent's costs if you lose.

What is After the Event Insurance?

ATE insurance is a policy taken out after a dispute arises (unlike before the event insurance which covers events that haven't happened yet). Its primary purpose: cover the opponent's legal costs if you lose your case.

Most ATE policies also cover your own disbursements (court fees, expert fees), and some cover your own solicitor fees if your CFA is terminated mid-case.

What ATE Insurance Covers

Opponent's solicitor fees if you lose: This is the core coverage. If you lose at trial and the court orders you to pay the opponent's costs of £40,000, the insurance pays it.

Opponent's disbursements if you lose: Court fees, expert fees, and other expenses the opponent incurred.

Sometimes your own disbursements: Depending on the policy, your court fees, expert fees, and mediation costs may be covered even if you win (meaning they don't come from your recovery).

Sometimes your solicitor fees if CFA fails: If your solicitor terminates the CFA mid-case (perhaps because prospects have worsened), some ATE policies cover the fees incurred to that point.

What ATE Insurance Doesn't Cover

Your own solicitor fees under the CFA: The success fee is your cost if you win. ATE doesn't cover it.

Costs arising from your unreasonable conduct: If you deliberately disobey court orders or behave unreasonably, the insurer may refuse to cover resulting costs.

Costs if you abandon without cause: If you simply give up mid-case without the solicitor's agreement, you may lose coverage.

How ATE Premiums Work

Most ATE policies use deferred premiums: you only pay if you win. This aligns with the CFA's structure—no upfront costs, but reduced recovery if successful.

Premium amounts: £1,000 to £10,000+ depending on:

Cover level: Higher potential opponent's costs require higher premiums. If opponent's estimated costs are £60,000, your premium will be higher than if they're £25,000.

Prospects of success: Stronger cases (70%+ prospects) get lower premiums because the insurer's risk is lower. Weaker cases (55-60% prospects) pay higher premiums.

Stage of case: Policies taken out early (before court proceedings) cost less than those taken out mid-trial when risk is concentrated.

ATE Premium Example

Your case: Inheritance Act claim seeking £120,000 from £400,000 estate

Opponent's estimated costs if you lose: £40,000

Your prospects: 65% (good prospects based on solicitor's assessment and counsel's opinion)

ATE premium quote: £3,500 (deferred until case concludes)

Outcome if you win: Settle for £90,000 inheritance. Pay £3,500 ATE premium from your recovery.

Outcome if you lose: Insurance pays the opponent's £40,000 costs. You owe £0 ATE premium (waived because you lost).

This is the power of ATE: it caps your exposure. Without ATE, losing would mean owing £40,000 you might not have. With ATE, losing costs you nothing in opponent's costs—the insurer bears the risk.

2013 Jackson Reforms Impact on ATE

Before April 2013, losing parties paid the winner's ATE premium. If you won, the opponent paid your £3,500 premium. This made ATE essentially free for winners.

After 1 April 2013, winners pay their own ATE premiums. This means the £3,500 comes from your £90,000 recovery, reducing your net amount.

Exception: Clinical negligence cases still allow recovery of ATE premiums from losing parties, but will disputes don't qualify.

The 2013 change made ATE more expensive for claimants but it remains essential for managing cost exposure.

Why ATE Insurance is Critical with CFAs

A CFA alone leaves a dangerous gap in protection:

With CFA only: If you lose, you owe no solicitor fees but you owe opponent's costs (£20,000-£80,000). This exposure could lead to bankruptcy.

With CFA + ATE: If you lose, you owe no solicitor fees and the insurance pays opponent's costs. Your exposure is limited to disbursements (£2,000-£5,000 typically).

Solicitors often require ATE insurance before accepting a CFA for exactly this reason—without it, clients face catastrophic loss if unsuccessful, creating pressure to settle unfavorably or abandon legitimate claims.

Strategic Benefits of ATE

Beyond risk protection, ATE insurance provides strategic advantages:

Strengthens negotiating position: Opponents know you can afford to go to trial because their costs are insured. This removes their leverage based on your fear of cost exposure.

Insurer's due diligence validates your case: ATE insurers conduct thorough prospects assessments, often requiring counsel's opinion. If they agree to insure you, it signals your case has merit.

Removes pressure to settle poorly: Without ATE, mounting opponent's costs create pressure to accept inadequate settlement offers. With ATE, you can hold out for fair value.

When ATE Makes Sense

ATE insurance is particularly valuable when:

You're using a CFA: The combination eliminates virtually all cost risk except disbursements.

Opponent has resources and good lawyers: If you're facing well-funded defendants with expensive legal teams, your exposure if you lose is substantial.

Case is going to trial: If early settlement seems unlikely and trial is probable, ATE becomes essential.

Estate value justifies premium cost: If you're claiming £100,000+ and the ATE premium is £4,000, the 4% cost is worthwhile insurance. For £20,000 claims, a £3,000 premium makes less sense.

When ATE May Not Be Worth It

Strong likelihood of very early settlement: If the opponent's solicitor indicates immediate willingness to settle (within 2-4 weeks), you might proceed without ATE, accepting short-term risk.

Very small estate value: If you're claiming £15,000 and the ATE premium is £2,500, the premium consumes too much potential recovery.

Opponent unlikely to pursue costs: In rare cases where the opponent is judgment-proof (no assets) or has indicated they won't pursue costs, ATE may be unnecessary. This is rare and risky to assume.

Specific ATE Example - Full Scenario

Sarah's case:

Claim: Inheritance Act claim for £120,000 from late partner's £400,000 estate (unmarried partner, 15-year relationship)

Funding: CFA with 50% success fee

ATE premium: £4,500 (deferred)

Outcome: After eight months, mediation settles for £90,000

Costs deducted:

  • Solicitor normal fees: £15,000
  • Success fee (50%): £7,500
  • ATE premium: £4,500
  • Disbursements: £2,800
  • Total deductions: £29,800

Net recovery: £90,000 - £29,800 = £60,200

Without the CFA and ATE, Sarah would have needed £15,000+ upfront and risked £30,000-£40,000 in opponent's costs if she lost. The CFA and ATE allowed her to pursue a legitimate claim she couldn't otherwise afford.

How to Get ATE Insurance

Arrange through your solicitor: Most solicitors have relationships with ATE insurers and arrange policies on clients' behalf.

Insurer conducts merits assessment: The insurer reviews your case, often requiring:

  • Solicitor's prospects assessment
  • Counsel's opinion on merits (barrister's written advice)
  • Summary of evidence
  • Details of opponent and their likely costs

Policy issued within 1-2 weeks: If approved, the policy is issued quickly. Coverage begins from the date specified (often backdated to date of first work).

Can be added mid-case: If you initially proceeded without ATE but circumstances change (opponent becomes more aggressive, costs mounting), you can add ATE insurance even mid-litigation.

ATE insurance transforms the economics of will disputes. Combined with a CFA, it makes contesting a will financially accessible even for people with limited means—provided the case has merit and the estate value justifies the cost.

The short answer: legal aid is not available for contesting a will in 2025. Understanding why—and exploring alternatives—helps you plan realistic funding.

Why Will Disputes Don't Qualify

Civil legal aid in England and Wales covers specific categories of cases: domestic abuse, child protection, housing eviction, immigration detention, and certain welfare benefits appeals.

Will disputes fall under "private family disputes" and were excluded from legal aid scope by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This exclusion remains in effect in 2025.

No matter how strong your case or limited your financial means, the scope exclusion means no funding is available through legal aid for inheritance disputes or will challenges.

Financial Eligibility Thresholds (April 2025)

Even if will disputes fell within scope (which they don't), you would need to meet strict financial criteria under Legal Aid Agency Keycard 61 (April 2026):

Gross monthly income: Maximum £2,657/month (£31,884/year)

Disposable monthly income: Maximum £733/month after allowable deductions

Disposable capital: Maximum £8,000 total assets

Capital Assessment Details

Capital includes:

  • Bank savings and deposits
  • Stocks, shares, and bonds
  • Valuable possessions (jewelry, art, collectibles)
  • Property equity (with exceptions)

Capital excludes:

  • First £100,000 equity in your main home
  • Personal possessions of modest value
  • Tools of trade
  • Funds held in certain trusts

If your non-exempt capital exceeds £8,000, you're financially ineligible even for cases within scope.

Benefits Passporting

If you receive certain means-tested benefits, you're automatically deemed financially eligible:

  • Universal Credit
  • Income Support
  • Jobseeker's Allowance (income-based)
  • Employment and Support Allowance (income-related)
  • Guarantee Credit element of Pension Credit

However, this only addresses financial eligibility. The scope exclusion for will disputes still applies.

Exceptional Case Funding (ECF)

A narrow exception exists: Exceptional Case Funding for cases where refusing legal aid would breach your human rights or EU law rights.

To qualify, you must demonstrate:

You cannot fairly present your case without legal representation: Self-representation would be impossible or grossly unfair due to complexity, vulnerability, or other factors.

Denial would breach Article 6 ECHR: Your right to a fair trial under the European Convention on Human Rights would be violated.

Reality for will disputes: ECF is rarely granted for inheritance cases because:

  • Will disputes don't typically engage fundamental human rights
  • Courts generally consider them resolvable without legal aid
  • The state has no obligation to fund private property disputes

Application process involves submitting detailed evidence to the Legal Aid Agency with decisions taking several weeks. Approval rates for will disputes are extremely low.

The Criminal and Civil Legal Aid (Amendment) Regulations 2025 removed capital and income contribution requirements for civil legal aid.

What this means: If you qualify for legal aid (in-scope case + financial eligibility), you don't pay contributions toward your costs.

What this doesn't mean: The 2025 changes don't expand scope to include will disputes. The exclusion remains.

Why This Matters

Many people assume "I can't afford a solicitor, so legal aid will cover it." For will disputes, this assumption is false and can lead to:

  • Delayed action while investigating legal aid options
  • Missing time limits (six months for Inheritance Act claims)
  • Failing to explore viable alternatives like CFAs and ATE insurance

Understanding upfront that legal aid won't help allows you to focus on realistic funding options.

No win no fee (CFAs): Conditional fee agreements eliminate upfront solicitor fees, with success fees paid only if you win.

After the event insurance: Protects against opponent's costs if you lose, making CFAs viable even for substantial cases.

Legal expenses insurance: If you have existing home insurance or motor insurance, check whether it includes legal expenses cover (typically £25,000-£100,000 limit). Some policies cover inheritance disputes.

Trade union legal support: If you're a union member, check whether legal support includes inheritance disputes. Some unions provide free initial advice and subsidized representation.

Pro bono legal clinics: Organizations like LawWorks coordinate free legal clinics offering initial advice (not full representation). Useful for getting basic guidance on prospects and options.

Law school legal clinics: Many universities run clinics where supervised law students provide free advice on civil matters. Again, limited to initial advice rather than full representation.

Free Initial Consultations

Many solicitors offer 30-minute free consultations where you can:

  • Explain your situation
  • Get preliminary assessment of grounds for challenge
  • Understand cost expectations and funding options
  • Decide whether to proceed

Use these consultations strategically: prepare a summary of key facts, bring relevant documents (will, medical records, correspondence), and ask specific questions about prospects and costs.

Example - Why Legal Aid Doesn't Help

Tom's situation:

  • Age 34, single, employed in retail
  • Monthly income: £1,850 (below £2,657 threshold ✓)
  • Savings: £3,200 (below £8,000 threshold ✓)
  • Claim: Inheritance Act claim against late father's estate

Financial eligibility: Tom passes both income and capital thresholds.

Scope eligibility: Will dispute falls outside civil legal aid scope—automatic rejection regardless of financial eligibility.

Result: Tom must explore CFA with ATE insurance, legal expenses insurance through his home contents policy, or self-funding.

The scope exclusion is the insurmountable barrier. Tom's limited means don't change the fact that will disputes aren't covered.

Practical Next Steps

If you were hoping for legal aid, focus instead on:

  1. Free initial consultations: Get prospects assessments from 2-3 solicitors who offer CFAs.

  2. Check existing insurance: Review home insurance, motor insurance, and credit card benefits for legal expenses cover.

  3. Assess CFA + ATE viability: If prospects are good (60%+), this combination makes litigation possible without upfront costs.

  4. Consider cost-benefit analysis: Is the potential inheritance worth the risk even with CFA/ATE? If claiming £20,000 but costs will be £15,000+, settlement may be smarter.

Legal aid's unavailability for will disputes is frustrating but not insurmountable. The funding alternatives described throughout this article—particularly CFAs paired with ATE insurance—provide genuine access to justice for meritorious claims.

Mediation Costs vs. Court Costs: The Cheaper Alternative

Mediation offers a dramatically cheaper path to resolving will disputes compared to court trials. Understanding the cost difference can save you £30,000-£80,000 or more.

Why Mediation is Cheaper

Mediation typically resolves in a single day rather than months or years of litigation. This fundamental difference drives the cost savings:

Single-day resolution: Most inheritance mediations conclude in 6-10 hours, with parties reaching binding settlement the same day.

Informal process: No formal court procedures, no trial bundles, no witness cross-examination—just facilitated negotiation.

No trial preparation: You skip the 40-80 hours of intensive trial preparation that consumes the most solicitor time.

No court or barrister fees: Mediation avoids court filing fees, hearing fees, and expensive trial barrister fees.

Most importantly: most inheritance disputes settle at mediation, making it not just cheaper but equally effective for achieving resolution.

Mediation Cost Breakdown

Mediation for will disputes typically costs £8,000 to £15,000 plus VAT per party:

Mediator fee: £1,500-£3,000 for a full day (usually split equally between parties, so you pay £750-£1,500)

Your solicitor preparation: 8-12 hours preparing position statement, reviewing documents, advising on settlement parameters (£2,000-£4,000)

Your solicitor attendance: 8-10 hours attending mediation day and negotiating (£2,000-£3,500)

Documents and disclosure: £1,000-£2,000 for gathering and copying relevant documents

Total per party: £8,000-£15,000 + VAT

Compare this to £40,000-£100,000+ for trial and the appeal is obvious.

Mediation vs. Trial Cost Comparison

Cost Category Mediation Full Trial
Duration 1 day 3-5 days (plus months of prep)
Solicitor fees £4,000-£8,000 £40,000-£80,000
Mediator/judge £1,500-£3,000 (shared) £0 (taxpayer funded)
Court fees £0 £1,695-£3,000
Barrister £0 (solicitor attends) £5,000-£20,000
Expert fees £0 (reports already done) £2,500-£5,000
Total £8,000-£15,000 £40,000-£100,000+

The difference ranges from £25,000 to £85,000 or more depending on trial complexity.

How Mediation Works

If you've never experienced mediation, here's the typical process:

Step 1: Both parties agree to mediate

Mediation is voluntary. Both sides must consent to participate. Courts increasingly encourage or even order mediation before trial.

Step 2: Appoint neutral mediator

Select a specialist mediator experienced in probate and inheritance disputes. Organizations like the Civil Mediation Council and STEP (Society of Trust and Estate Practitioners) maintain directories.

Step 3: Exchange position statements

Each party prepares a written position statement (3-5 pages) outlining their case, evidence, and settlement position. These are shared with the mediator and usually the other party beforehand.

Step 4: Attend mediation day

Typically held at the mediator's offices or a neutral venue. Each party occupies a separate room with their solicitor. The mediator shuttles between rooms, facilitating negotiation.

Step 5: Negotiate through mediator

The mediator explores interests, identifies common ground, reality-tests positions, and helps parties move toward settlement. Most mediations involve 4-6 rounds of offers and counteroffers.

Step 6: Sign settlement agreement

If settlement is reached, parties sign a binding settlement agreement the same day. This becomes an enforceable contract preventing either side from reopening the dispute.

Step 7: If no settlement, return to court

Mediation is "without prejudice"—anything said in mediation can't be used in court if settlement fails. If mediation doesn't resolve the dispute, court proceedings continue unchanged.

Mediation Success Rates

Settlement rates for inheritance mediation are high—typically 70-80% on the day, with additional cases settling shortly after as parties reflect on the mediation discussions.

Even "failed" mediations provide value:

  • Narrow issues for trial
  • Reality-test each side's position
  • Demonstrate willingness to settle (relevant to costs if case proceeds)

When Mediation Makes Sense

Mediation is particularly effective when:

Both parties genuinely willing to compromise: If both sides recognize litigation risk and want certainty, mediation works well.

Relationship preservation matters: Family disputes benefit from mediation's less adversarial approach compared to cross-examination in court.

Costs already mounting: If you've spent £10,000-£20,000 on litigation and face another £30,000-£60,000 to reach trial, mediation offers an exit.

Court has ordered mediation: Judges increasingly direct parties to attempt mediation. Refusing without good reason can result in cost penalties.

When Mediation May Not Work

One party refuses to engage in good faith: If the opponent attends mediation with no intention to settle, it becomes expensive delay.

Fundamental legal issue needs court ruling: If the core dispute is whether the will is valid (a yes/no legal question), mediation may not resolve it—you need a judge's determination.

Significant power imbalance: If one party controls all information or assets, mediation may favor them unfairly.

Court's View on Mediation

Courts strongly encourage mediation in inheritance disputes. Under CPR Part 44, courts can penalize unreasonable refusal to engage in ADR even if you win your case.

Example: You win at trial and would normally recover your costs from the losing party. But you unreasonably refused mediation six months earlier when the opponent offered to split the estate 60/40 (close to what the judge ultimately awarded). The court reduces your cost recovery by 30% to penalize your refusal to mediate.

This creates strong incentive to engage with mediation seriously.

Specific Mediation Example

Lisa and Tom (siblings disputing £300,000 estate):

Background: Father's will left 80% to Tom, 20% to Lisa. Lisa brings Inheritance Act claim seeking 50%.

Pre-mediation costs:

  • Lisa's costs: £6,000 (four months of correspondence and evidence gathering)
  • Tom's costs: £5,500

Mediation costs:

  • Lisa: £9,500 (preparation, attendance, mediator share)
  • Tom: £8,500

Total costs to settlement: Lisa £15,500, Tom £14,000

Settlement: Lisa receives £180,000 (60%), Tom receives £120,000 (40%). Both parties satisfied—Lisa increased her share significantly, Tom avoided further litigation costs and risk of worse outcome at trial.

Alternative if proceeded to trial: Each side would have spent £35,000-£50,000, taken 18 months, damaged family relationship permanently, and faced uncertain outcome.

The mediation saved £20,000-£35,000 per party, resolved the matter in six months instead of 18+, and preserved some family relationship.

How Mediation Costs are Paid

Typical arrangements:

Each party pays own solicitor: You pay your solicitor's time for preparation and attendance.

Mediator fee split equally: If mediator charges £3,000, you each pay £1,500.

Estate pays in some cases: If the executor is neutral and both parties agree, sometimes the estate contributes to mediation costs.

Settlement agreement may reallocate: Your settlement can include provisions like "Tom pays £2,000 toward Lisa's mediation costs" as part of the overall deal.

Finding a Mediator

Court suggestions: If proceedings have started, the court can suggest suitable mediators.

Professional bodies: The Civil Mediation Council (civilmediation.org) and STEP (step.org) maintain lists of accredited mediators specializing in inheritance disputes.

Solicitor recommendations: Your solicitor likely knows experienced probate mediators from previous cases.

Costs vary by mediator: Senior mediators with 20+ years' experience charge more (£3,000-£5,000 per day) than newer mediators (£1,500-£2,500 per day). Experience level matters less than probate specialization.

Mediation represents the single best opportunity to resolve will disputes cost-effectively. At one-fifth the cost of trial with similar success rates, it should be your default strategy unless specific circumstances make it inappropriate.

When Costs Come From the Estate (Not Your Pocket)

Understanding when courts order costs paid from the estate rather than by the losing party can significantly affect your financial risk. However, modern courts apply these exceptions much more narrowly than historically.

General Rule Reminder

The default position remains: loser pays winner's costs under CPR Part 44.

The "estate pays" exception is discretionary and requires specific justification. You cannot simply assume the estate will cover costs because you're disputing a will.

Traditional Grounds for Estate Paying Costs

Historically, courts recognized two principal grounds:

Ground 1: Testator Caused the Dispute

If the testator created ambiguity, uncertainty, or confusion in their will that necessitated court resolution, fairness suggests the estate should bear the cost of clarification.

Qualifying examples:

Ambiguous gift clauses: "I leave my property to my children" when the testator owned multiple properties and had both biological children and stepchildren. Genuine uncertainty about which property and which children.

Contradictory provisions: Clause 3 says "my entire estate to my wife" but Clause 7 says "my residuary estate split equally between my three children." Clear contradiction requiring court interpretation.

Lost or unintentionally destroyed will: Testator destroyed a will believing they'd made a new one, but the new will can't be found. Innocent mistake creates genuine uncertainty about testamentary intention.

Home-made will with unclear terms: Testator drafted their own will using ambiguous language like "substantial provision" without defining amounts. Professional drafting error would have avoided dispute.

Not sufficient: Simply challenging a professionally drafted will doesn't mean the testator caused the dispute. The will must contain objective ambiguity or error.

Ground 2: Reasonable Grounds for Investigation

If circumstances surrounding the will's execution or the testator's capacity made it objectively reasonable to investigate validity, courts may excuse the unsuccessful challenger from paying costs.

Qualifying examples:

Genuine capacity concerns with medical evidence: Testator had diagnosed dementia, made the will three weeks before death, and medical records show significant cognitive decline. Even if capacity challenge fails, the investigation was reasonable.

Suspicious execution circumstances: Beneficiary was present during will signing and execution, drove testator to solicitor, and will dramatically changed previous testamentary pattern. Reasonable to investigate potential undue influence even if ultimately unfounded.

Sudden will change shortly before death: Testator maintained consistent estate plan for 20 years, then executed completely different will two days before death. Circumstantial suspicion warranted investigation.

Allegations supported by witness evidence: Multiple witnesses provide statements describing beneficiary's controlling behavior and isolation of testator. Even if undue influence isn't proven, the investigation had reasonable foundation.

Not sufficient: Disappointed beneficiary's speculation without supporting evidence doesn't constitute reasonable grounds. "I think my sister influenced Dad" without witnesses or documentary evidence won't qualify.

Modern Judicial Approach

Courts today apply these exceptions much more narrowly than Victorian-era judges. The rationale: preventing litigation culture and encouraging early settlement.

Key judicial principle: The mere fact that a will is disputed doesn't mean investigation was reasonable or that the testator caused the problem. Courts require clear, objective justification.

This shift means you cannot rely on the estate paying costs. Budget on the assumption you'll pay if you lose, with estate payment being a pleasant surprise rather than an expectation.

Executor's Special Position

Executors acting in a representative capacity get costs from the estate on indemnity basis under CPR 46.3. But "representative capacity" has specific meaning:

Neutral executor ("holding the ring"):

The executor takes no position on the merits of the dispute. They simply present the matter to the court and abide by the court's decision.

Example: Executor finds two wills—one from 2018 leaving everything to children, one from 2020 leaving everything to charity. Executor genuinely uncertain which is valid (both properly executed, no obvious capacity issues). Executor asks court to determine which will should be admitted to probate.

Result: Executor's costs paid from estate because they're properly performing fiduciary duties seeking court guidance.

Partisan executor (defending as beneficiary):

The executor is also a beneficiary under the will and actively defends it against challenge, taking a position on the merits.

Example: Executor is also the sole beneficiary. When an adult child challenges the will alleging undue influence, the executor instructs solicitors to vigorously defend, files detailed witness statements, and contests every point.

Result: Executor loses the neutral position protection. If the challenger wins, the executor may have to pay the challenger's costs personally (not from the estate) because they acted as a partisan litigant, not a neutral fiduciary.

This distinction is crucial for executors: remaining neutral protects against personal cost liability but means not contesting allegations that may be false. Defending actively protects the estate but exposes the executor to personal cost risk.

Scenarios Where Estate Pays Costs

Scenario 1 - Ambiguous Will Interpretation

Facts: Testator's will stated "divide my estate between my children." Testator had three biological children from first marriage and two stepchildren from second marriage whom he'd raised since age 5.

Dispute: Biological children argue "my children" means only them. Stepchildren argue it includes them because testator always referred to all five as "my children."

Executor's action: Executor (family solicitor, neutral) sought court's determination on interpretation.

Court's decision: Will genuinely ambiguous. Testator's poor drafting caused dispute.

Costs order: Both parties' costs (£18,000 total) paid from estate on indemnity basis.

Rationale: Neither party acted unreasonably. Testator's failure to specify which children necessitated court determination.

Scenario 2 - Executor Seeks Validity Guidance

Facts: Executor found two wills—one professionally prepared in 2019, one handwritten note from 2021 purporting to revoke the 2019 will.

Dispute: Does the 2021 handwritten note constitute valid revocation and replacement?

Executor's action: Executor filed claim seeking court's determination, taking no position on which document should be probated.

Court's decision: 2021 note invalid for lack of proper witnesses. 2019 will admitted.

Costs order: Executor's costs paid from estate on indemnity basis (£8,000).

Rationale: Executor properly sought guidance on genuine legal question. No personal interest in outcome.

Scenario 3 - Executor Defends as Beneficiary

Facts: Executor is also sole beneficiary under will. Adult child from testator's first marriage challenges will alleging lack of capacity (testator had dementia diagnosis).

Dispute: Was testator capable of making the will?

Executor's action: Executor instructed solicitors to robustly defend will, filed detailed evidence denying capacity concerns, cross-examined challenger's witnesses.

Court's decision: After three-day trial, judge finds testator had capacity despite dementia. Will upheld.

Costs order: Challenger pays own costs (£42,000) plus executor's costs (£38,000). Executor costs come from estate first (because executor won), but if executor had lost, executor might have paid personally.

Rationale: Executor acted as beneficiary defending their inheritance, not as neutral fiduciary. Standard loser pays rule applies.

When Estate Won't Pay Costs

Courts consistently refuse to order estate to pay costs in these situations:

Speculative challenges without evidence: "I suspect my sister influenced Mum" without witness statements, medical evidence, or documentary support doesn't warrant investigation at estate's expense.

Disappointed beneficiary unhappy with will terms: Simply disliking the distribution doesn't make challenging it reasonable. You need grounds beyond disappointment.

Late challenges without good reason: Bringing capacity or undue influence claims years after probate when you could have acted sooner shows unreasonable delay.

Unreasonable refusal to settle: If the opponent offered reasonable compromise early on and you refused, then lost at trial, courts won't reward intransigence by making the estate pay.

How to Argue for Estate Paying Costs

If you believe your case warrants estate paying costs:

Identify specific will ambiguity or testator error: Point to precise clauses that are contradictory or genuinely unclear. Objective ambiguity, not your interpretation.

Demonstrate you acted reasonably throughout: Show you attempted settlement, engaged in mediation, made reasonable offers, and didn't exaggerate claims.

Present genuine evidential basis for challenge: Medical records supporting capacity concerns, witness statements about undue influence, handwriting analysis for forgery—not speculation.

Emphasize benefit to estate of court's determination: Argue that resolving the genuine uncertainty benefits all potential beneficiaries and the estate administration.

Risk Management

Given modern courts' narrow application of estate-pays exceptions:

Don't assume estate will pay: Budget for worst-case scenario where you pay both sides' costs if you lose.

Get early legal advice on prospects: Understanding whether you have objective grounds or just disappointment helps assess cost risk.

Consider cost-benefit analysis: If potential inheritance is £30,000 but cost risk if you lose is £50,000, the mathematics argue against proceeding unless you have CFA + ATE insurance.

Explore settlement early: Avoiding court entirely through negotiation or mediation eliminates cost order risk.

The estate paying costs remains possible but shouldn't be your expectation. Modern practice favors loser pays, with estate paying reserved for genuinely reasonable investigations or testator-caused ambiguities.

Frequently Asked Questions

Q: How much does it cost to contest a will in the UK?

A: The cost of contesting a will ranges from £750 for straightforward cases that settle early to over £100,000 for complex High Court trials. Most cases fall between £5,000 and £40,000 depending on complexity, duration, and whether the case reaches court. Typical solicitor hourly rates range from £150 to £500 per hour.

Q: Can I contest a will on a no win no fee basis?

A: Yes, some solicitors offer conditional fee agreements (CFAs) for will disputes, also known as no win no fee arrangements. Under a CFA, you only pay solicitor fees if you win. However, you may still be liable for disbursements (court fees, expert fees) and the other side's costs if you lose, unless you have after the event insurance.

Q: Who pays the legal costs in a will dispute?

A: Generally, the losing party pays both their own legal costs and the winner's reasonable costs under the 'loser pays' principle in CPR Part 44. However, courts may order costs to be paid from the estate if the deceased caused the dispute or if reasonable grounds existed for investigation.

Q: Can I get legal aid to contest a will in the UK?

A: Legal aid is rarely available for contesting a will in 2025. Will disputes typically fall outside civil legal aid scope. Even if eligible, you must have disposable capital under £8,000 and gross monthly income below £2,657 (as of April 2025). Most people need to explore private funding, no win no fee, or insurance options.

Q: What happens if I lose a will contest and can't afford to pay costs?

A: If you lose and cannot afford to pay the other side's costs, the winner may pursue enforcement action including charging orders on property, attachment of earnings, or bankruptcy proceedings. This is why after the event insurance and careful assessment of prospects before proceeding are critical.

Q: How long do I have to contest a will in the UK?

A: For Inheritance Act 1975 claims (inadequate financial provision), you have six months from the date probate is granted, unless the court grants permission to extend. Other challenges (lack of capacity, undue influence, fraud) have no strict time limit but should be brought promptly to avoid evidential and procedural difficulties.

Q: Is mediation cheaper than going to court for will disputes?

A: Yes, mediation typically costs £8,000 to £15,000 plus VAT compared to £40,000 to £100,000+ for a full trial. Mediation involves hiring a mediator and usually takes one day with solicitors present, making it significantly more cost-effective while achieving similar resolution rates.

Conclusion

Understanding the cost of contesting a will helps you make an informed decision about whether to proceed or accept the will's terms. Here's what you need to remember:

  • Costs range from £750 for early settlements to £100,000+ for trials, with most cases settling between £5,000 and £40,000 depending on complexity and duration
  • The "loser pays" rule means if you lose, you'll likely pay both your own costs and the opponent's costs—sometimes £50,000+ total exposure
  • No win no fee arrangements (CFAs) cover your solicitor fees but not disbursements or opponent's costs, making after the event insurance essential for full protection
  • Legal aid doesn't cover will disputes in 2025, regardless of your financial circumstances, because they fall outside civil legal aid scope
  • Mediation costs £8,000-£15,000 compared to £40,000-£100,000 for trial, making it the most cost-effective path to settlement

The financial risk of contesting a will is real, but it shouldn't automatically deter you from pursuing a legitimate challenge. Armed with knowledge of funding options, cost structures, and settlement alternatives, you can now evaluate whether the potential inheritance justifies the cost risk—or whether creating your own will properly is the better investment.

Need Help with Your Will?

Understanding the cost of contesting a will demonstrates why creating a legally sound will now is so valuable. Proper will creation—with clear language, valid execution, and sound testamentary capacity—prevents the very disputes that cost families £5,000 to £100,000 to resolve. The £99.99 you invest in a proper will today could save your beneficiaries tens of thousands in future legal costs.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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