What is the Cost Of Contesting A Will?

Key Points

If you are considering contesting a will, one of the first questions you're likely to have is: How much will it cost? The £4 caveat fee to pause a grant is nothing compared to the full cost of challenging a Will. As specialists in private client matters, we can help you prepare a staged budget and assess adverse costs risk. Here we set out the court fees, funding options and cost controls that shape the price of contesting a will.

What will I have to pay if I contest a will?

There is no standard fee for a will dispute in England and Wales as it depends on a wide range of factors. You normally pay your own legal team and disbursements as the dispute progresses, subject to the funding agreement you sign. The bill may include advice, document review, correspondence, witness statements, mediation, barrister’s fees, experts and court charges. Complexity (and therefore cost) rises where several wills, disputed capacity, allegations of coercion, missing records, multiple beneficiaries or an urgent application require additional work.

We always recommend getting a written estimate for each stage and the assumptions behind it, including VAT and third-party payments. The estimate should separate the cost of assessing prospects from the cost of pursuing proceedings. A short merits review based on the will, earlier wills and the drafting file can prevent a weak concern from becoming prolonged litigation.

How much are the court fees to challenge a will

The basic court fees for challenging a Will are as follows:

Who pays the other side’s costs?

CPR 44.2 states that “the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party”. As such, each side usually funds its own case while proceedings continue. At the end, the court decides whether one side must pay part or all of the other side’s costs. The starting rule favours the successful side, subject to the judge’s discretion. The final order depends on a range of factors, including the conduct of the parties involved, any settlement agreement reached, proportionality, and unreasonable refusal to use alternative dispute resolution.

In most will disputes, the losing party may be ordered to pay a significant proportion of the winning party’s legal costs. However, the court can make a different costs order if the circumstances justify it. This means that even if you succeed, you may not recover every pound you have spent. If you lose, you may have to pay some of the other side’s costs as well as your own.

In some probate cases, the court may decide that costs should come from the estate, or that each person should pay their own costs. This can happen, for example, where the person who died caused the dispute, or where the situation genuinely needed to be investigated. These are exceptions, not a guarantee. The fact that there is money in the estate does not mean the estate will automatically pay everyone’s legal costs.

Think carefully about settlement offers

A sensible settlement offer can affect who pays legal costs, even if the case later goes to court. Before accepting or rejecting an offer, look at the overall result, not just the amount you might receive from the estate. Consider:

Rejecting a reasonable offer can sometimes lead to an unfavourable costs order later, even if you achieve some success at court. It is therefore sensible to take advice on the true financial outcome before deciding whether to accept or refuse a proposal.

How can I cover the cost of a will dispute?

A will dispute can be expensive, but there may be different ways to pay for legal advice and representation. The right option depends on the strength of the case, the evidence available, the value of the estate, and the likely cost of taking matters further.

Your solicitor can discuss which options may be available and what each one could mean for you financially.

Other costs

Before proceeding with a will claim, we recommend checking:

A low upfront cost does not always mean the case will be inexpensive overall. For example, a success fee, insurance premium or third-party funder’s share may be taken from any settlement or award.

How can I keep costs under control when contesting a will?

To keep costs under control when contesting a will, we recommend:

Agreeing a cost limit with your solicitor

Ask your solicitor to explain the likely cost of each part of the work before it begins. For example, you might agree a cost limit for:

At each stage, ask for a clear update on:

You can then compare those figures with what you may realistically achieve if the case succeeds.

Carefully assessing whether you need an expert

Expert evidence can be useful in a will dispute, but it should only be used where it is likely to make a real difference. Experts can be expensive, and the court will only allow expert evidence where it is reasonably needed to help decide the case under CPR Part 35.

For example, an expert may be helpful where there is a genuine question about:

Before instructing an expert, it is usually sensible to gather the main evidence first. This may include the original will, earlier versions, the will writer’s notes, medical records and statements from people who knew the deceased at the time.

That early evidence may answer the question without the need for an expert. If an expert is still needed, having the right documents available will help them give a more reliable opinion and avoid unnecessary cost.

Your solicitor can help you decide whether expert evidence is likely to strengthen your case, what type of expert may be appropriate and whether the likely benefit justifies the cost.

Consider mediation at the right time

Mediation can help families reach an agreement without the cost and stress of a trial. However, it still involves fees for the mediator, preparation and legal advice. Mediation is often most useful once both sides understand the main evidence. If it takes place too early, before important documents have been obtained, it may not resolve the dispute and can lead to extra work later. Before mediation, agree what issues will be discussed and make sure that both sides have enough information to make informed decisions.

Final words

If you are considering contesting the will, remember that a narrower, well-prepared case is usually less expensive and easier to manage than one that tries to raise every possible concern. Gather the key evidence first, review the strength of your position regularly and make decisions based on the likely outcome as well as the likely cost. Early advice can help you decide whether to investigate further, seek a settlement or take formal action.

Frequently asked questions

Does the estate pay legal costs?

The estate does not automatically pay everyone’s legal costs. Each side usually pays its own expenses while the dispute continues, and the court decides costs at the end. Estate payment may arise under limited probate principles or an agreement. Plan on funding your case and carrying adverse costs risk unless written advice identifies a sound exception.

Can I contest a will cheaply?

A focused initial review can keep early spending contained. Obtain the will, earlier wills, drafting records and key medical or witness evidence before issuing proceedings. A £4 caveat can preserve the grant position for six months where a genuine probate dispute exists. The caveat does not resolve the claim and can trigger further legal costs.

Can I use no win no fee?

A conditional fee agreement may be available where the evidence, value and recovery prospects justify the risk. Check which fees remain payable if you lose, the success fee on a win, insurance terms and the definition of success. Availability is never guaranteed, and the success fee may reduce the inheritance or award you receive.

Last reviewed September 2026

Talk to Pearcelegal

If you need a costed view of a disputed will, contact us. We can assess the evidence, define the next decision point and give you a staged estimate before you commit to a wider claim.

Further Reading:

Learn more about the evidence needed to contest a will and the documents that may support a claim.

You may also find our guide to the grounds for contesting a will helpful when assessing whether a challenge may be possible.

For a broader overview of the process, read our complete guide to contesting a will.

About the Author

Stephanie Howard (SRA number 432274) is a Director of Pearcelegal and Head of the firm's Family and Litigation department. Admitted as a solicitor in 2015, she advises on the full range of family work, including divorce, financial remedy proceedings, child arrangements, civil partnerships and cohabitation disputes, alongside general civil litigation and contentious probate. Stephanie joined Pearcelegal in 2014, was promoted to Associate in 2021, took over the Family and Litigation team in 2023 and was appointed a Director in April 2026. She is regulated by the Solicitors Regulation Authority (SRA ID 432274). Pearcelegal itself is authorised and regulated under SRA firm number 423097.