Time & Cost of Contesting a Will

Contentious probate process & expense

Pursuing probate court action can vary massively from a few thousand to hundreds of thousands of pounds for bigger more complex claims. If it is decided that a Will is invalid then any Will that the deceased made prior will be submitted to probate instead. If there are no previous Wills then the rules of Intestacy will apply to the estate, so it is therefore prudent to discover whether you would benefit from any previous Will or intestacy before pursuing a court action.

If you launch legal action that is unreasonable and lose it, there is a strong possibility that you will have to pay a large portion of the successful party’s legal fees as well as your own. Probate litigation is expensive, causes the delay of administration and could lead to the deceased’s final wishes to be ignored.

Funding options to contest a Will

• Private funding
• Legal Aid. This is available to those who pass a means and merit test
• Conditional funding. These are often advertised as no-win no-fee arrangements but you will have to give a certain amount or percentage of any win to the lawyer.
• Legal expenses insurance

Often solicitors will be willing to give you a discounted arrangement if they think that you have a valid claim, depending on the outcome of your case or a no win no fee arrangement.

Addressing the issue of contentious probate

Trusts are widely recognised as the most important contribution of English jurisprudence to the field of law, due to their extreme usefulness.

Contesting a Will

Creating a trust is a way of monitoring and regulating the money, property, shares or other form of estate that is given to your beneficiaries.

Finding the right Wills and probate solicitors

Wills and probate solicitors specialise in the law which determines how an individual may divide up his worldly possessions after death.