What is the real cost of a Will Dispute? Part 3

9 November, 2012
by: Cripps Pemberton Greenish

In recent posts, I have looked at the initial costs of a Will dispute and other types of Will claims.

Whilst a significant percentage of Will disputes can be resolved without commencing Court proceedings, it is not always possible and, in these cases, if you wish to continue with your claim to contest a Will, you will need to apply to the Court.

Commencing Court proceedings involves preparing the necessary Court documents and hence this can be an expensive process. In addition, once a Will claim has been commenced, unless it is withdrawn or settled, it will proceed to a Court hearing.

Generally the costs involved in progressing a probate claim, to include challenging a Will or making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, all the way to a final hearing can be as much as £30,000 to £60,000 plus VAT and disbursements.

However, there are two points to bear in mind.

Firstly, just because Court proceedings are commenced does not mean that a claim will proceed all the way to a final hearing. It is very common for Will disputes and other probate claims to be resolved by agreement before a final hearing.

Secondly, the costs involved can in appropriate cases be funded by, for example, the use of a CFA, commonly referred to as a “no win, no fee” agreement.

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