The Silver Brief

Disputes over a loved one’s estate are not only emotionally challenging—they can also be expensive. One of the most common concerns for anyone involved is the costs in contentious probate claims, including how much a dispute might cost and who ultimately pays.

In this guide, I explain how costs in contentious probate claims are handled in England and Wales, including typical fee structures, the court’s approach to legal costs, and the practical factors that can influence overall expense.

For a full overview, see: Contentious probate explained: Disputes over Wills and estates in England and Wales

How much do contentious probate claims cost?

There is no fixed cost for contentious probate claims. The total expense depends on several factors, including:

• The complexity of the legal issues
• The value of the estate
• The amount of evidence required
• Whether the dispute settles early or proceeds to trial
• The conduct of the parties involved

Straightforward disputes resolved through negotiation or mediation may cost significantly less than those resolved through full court proceedings. As a broad guide:

• Early-stage advice and correspondence may cost a few thousand pounds
• Mediated settlements can range from several thousand to tens of thousands
• Fully contested High Court litigation can exceed £50,000–£100,000+ per party

Costs can escalate quickly, particularly where disputes become prolonged or highly contested.

Who pays legal costs in probate disputes?

The general rule in civil litigation in England and Wales is that the losing party pays the successful party’s legal costs (often referred to as “costs follow the event”).

However, contentious probate cases are different in some important respects.

Exceptions to the general rule

The court has wide discretion and may depart from the usual rule, particularly where:

• The dispute was caused by the actions or conduct of the deceased
• There were reasonable grounds for investigating the validity of a Will
• Both parties acted reasonably in bringing or defending the claim

In some cases, the court may order that:

• Costs are paid out of the estate
• Each party pays their own costs
• Costs are split in a particular way

For general rules about costs, see Part 44 of the Civil Procedure Rules.

Costs in contentious probate claims: When are costs paid from the estate?

Historically, probate disputes were often funded from the estate itself. While this still happens in some cases, it is no longer the default position.

Costs may be paid from the estate where:

• The dispute arose due to ambiguity or fault in the Will
• The deceased’s actions created uncertainty
• It was reasonable for parties to bring the dispute to court

However, courts are increasingly cautious about allowing the use of estate funds, particularly where parties have acted unreasonably.

Costs in Inheritance Act claims

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are usually treated more like standard civil claims. This means:

• The losing party is more likely to pay the winner’s costs
• The court will consider conduct and reasonableness
• Early settlement can significantly reduce costs

Because these claims are time-sensitive and fact-specific, legal costs can increase if matters are not handled efficiently.

The impact of conduct on legal costs

How parties behave during a dispute can have a major impact on costs. The court will consider:

• Whether parties attempted to resolve the dispute
• Whether alternative dispute resolution (ADR) was explored
• The reasonableness of each party’s position
• Whether unnecessary delays or costs were caused

Unreasonable conduct can result in:

• Adverse costs orders
• Reduced recovery of legal costs
• Penalties for refusing mediation

Funding options for contentious probate claims

There are several ways to fund a claim, depending on the circumstances.

Private funding

Most commonly, clients pay legal fees directly, either:

• Hourly rates
• Fixed fees (for limited stages)

Conditional fee agreements (CFAs)

Also known as “no win, no fee” agreements:

• Legal fees may be payable only if the claim succeeds
• A success fee will almost certainly be payable to your solicitors

These arrangements are not available in all cases and depend on risk assessment.

After the event (ATE) insurance

Insurance policies may be an additional option alongside a CFA. Typically, they are used to:

• Cover adverse costs (if the case is lost)
• Reduce financial risk

Third-party funding

In some high-value cases:

• External funders may cover legal costs
• Funding is usually repaid from any recovery

Note: Each funding method has advantages and risks, and suitability depends on the strength and value of the claim. Your solicitor is under a duty to fully explore with you the various methods of funding your claim to find the most suitable, which is usually the one that exposes you to the least financial risk.

How to manage and reduce legal costs

While probate disputes can be expensive, there are practical ways to keep costs under control:

• Seek early legal advice
• Clarify your objectives from the outset
• Be open to negotiation and mediation
• Avoid unnecessary escalation
• Keep communication focused and constructive

Resolving disputes early is often the most effective way to minimise both financial and emotional costs.

FAQs about costs in contentious probate claims

This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes