Who pays for contentious probate?

Probate is often a complicated and sensitive legal process, and disputes often arise in relation to the deceased’s person’s Estate and Will. The result of this is what is called “contentious probate” which often results in the case being taken to court. An important factor in this is often the issue of who will take on the financial aspect of these legal proceedings.

A common misconception regarding contentious probate is that the estate pays for the legal fees of all parties involved. This is factually incorrect; however, the answer is relatively more complex.

In this blog we will cover:

• Who typically pays for contentious probate?
• What factors determine the costs of contentious probate cases?
• Can legal expenses be reclaimed from the Estate after the dispute is settled?
• How can we help?

Understanding contentious probate

The general rule of thumb is that the unsuccessful party pays the successful party’s legal costs. However, there have been and often are legal exceptions to this rule.

For example:

1. If the court are required to get involved in understanding the meaning of the Will because the contents are ambiguous or confusing
2. If the person who created the Will or those interested in the residue of the Estate caused the reason for litigation.

Essentially, whilst at first the initial legal fees are covered by each of the parties involved, the court will make a decision based on the results of the case as to who will front the cost of the case. The majority of the time, it is likely to be the unsuccessful party who will have to pay for the successful party’s fees. However, in certain circumstances, the court may decide that the remaining Estate should cover the cost, although this tends to be quite rare.

Frequently asked questions

Who typically pays for legal fees in contentious probate cases?

In most cases, each party must pay for their own legal costs. However, once the case has been finished, the court may order the losing party to cover the legal costs of the winning party. In exceptional circumstances (for example if the court was involved due to the deceased’s Will being ambiguous or the deceased person being the reason for the contentious probate) the court may decide that the costs should be covered by the remaining Estate.

What factors determine the costs of contentious probate cases?

It is difficult to give an answer to this question due to the various factors that contribute to the overall cost of contentious probate cases.

These factors can include:

• The complexity of the case
• The numbers of parties that are involved in the case
• The amount of time the case takes
• The nature of the dispute brought to the court
• Complication related to the Will or Estate

All of these factors can cause the cost to vary, however, an experienced contentious probate solicitor will be able to evaluate your case and provide you with a rough estimate of how much your specific case will cost.

Can legal expenses be reclaimed from the Estate after the dispute is settled?

It is not impossible for legal expenses to be reclaimed from the Estate once the dispute has been settled, however this is rare and at the discretion of the court. For this to happen, there normally would have to be unique circumstances, for example if the court was involved due to the deceased’s Will being ambiguous or the deceased person being the reason for the contentious probate.

How can we help?

Our contentious probate solicitors at Clarkson Wrights & Jakes are experts in this field, having guided many clients through the contentious probate process whilst dealing with the more complex aspects on their behalf.

We are available should you require our assistance, providing a service that is completely tailored to your unique circumstances. We understand that contentious probate is a stressful process that often comes at an emotional time: following the death of a loved one. This is why we do everything within our power to keep your stress to a minimum.

Speak to our contentious probate solicitors

To speak to one of our friendly and professional probate solicitors, you can call our office on 01689 887887 or email us cwj@cwj.co.uk. You can also use our contact form to arrange a call back.