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A contested contentious probate trial costs each party £50,000– £150,000+. The loser usually pays the winner's costs in civil cases, though probate courts have wider discretion. The estate can bear costs where the dispute arose from the testator's fault. Mediation is the most effective cost-control tool.
Contentious probate cases are among the most expensive forms of civil litigation. The combination of complex legal issues, emotional parties, extensive disclosure, expert witnesses in capacity cases, and multi-day trials means that costs escalate rapidly. Understanding the costs landscape before embarking on a dispute is essential.
This guide explains the typical costs of contentious probate claims, the rules on who pays, the special probate costs rules, funding options, and how to manage costs risks.
The costs of contentious probate vary significantly by stage and complexity. Typical ranges (per party, including VAT):
| Stage | Typical cost per party |
|---|---|
| Initial advice and investigating the claim | £2,000–£5,000 |
| Pre-action correspondence and mediation attempt | £3,000–£8,000 |
| Issuing proceedings to close of pleadings | £10,000–£25,000 |
| Disclosure (exchange of documents) | £5,000–£20,000 |
| Witness statements and expert evidence | £5,000–£20,000 |
| Trial preparation and trial (2–5 days) | £20,000–£80,000 |
| Total (full trial) | £50,000–£150,000+ |
For capacity cases, add medical expert fees: £3,000–£10,000+. For complex fraud or forgery cases, forensic document examination: £5,000– £15,000+. For multi-party cases (multiple claimants or defendants), costs multiply.
Court fees are also payable — for a Chancery Division claim, the issue fee is based on the claim value and can reach £10,000 for a high-value estate dispute.
In civil litigation, the general rule under CPR Part 44 is that the unsuccessful party pays the successful party's costs. This means that if you contest a will and lose, you may be ordered to pay the other side's costs — on top of your own.
Contentious probate has two exceptions to the general rule, both originating in case law:
These exceptions do not apply automatically. They require the court to exercise its discretion. The facts of each case determine which costs order is appropriate.
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Most contentious probate cases are funded privately — the client pays their solicitor's costs as the case progresses (on account). This is the most straightforward arrangement but requires the client to have sufficient capital to fund the litigation.
Conditional fee agreements (CFAs) are available for some contentious probate claims, particularly Inheritance Act claims. Under a CFA, the solicitor charges a reduced fee during the case (or no fee) and a success fee if the case succeeds. The success fee can be up to 100% of the base costs but is capped at 25% of the damages recovered.
CFAs are not universally available — solicitors will only take cases on a CFA if they assess the prospects of success as reasonable. Will validity challenges (particularly undue influence cases) are generally considered high risk and may not attract CFA funding.
After the event (ATE) insurance can be purchased to cover the risk of being ordered to pay the other side's costs if the case is lost. Premiums are typically £5,000–£20,000+ and are assessed based on the merits of the case and the potential costs liability.
Third-party litigation funders will fund contentious probate cases in return for a share of any recovery. This is typically available only for high-value cases (£500,000+ estates) with strong prospects of success.
Mediation resolves approximately 70–80% of estate disputes that enter it. A one-day mediation costs each party typically £1,500–£5,000 including their solicitor's time — a fraction of trial costs. Even if mediation fails, the costs are modest relative to the litigation costs avoided.
Courts actively encourage mediation and may penalise parties who unreasonably refuse to engage — even a successful party can be deprived of their costs if they unreasonably declined to mediate. For a full guide to mediation in estate disputes, see our guide on mediation in estate disputes.
For the broader contentious probate landscape, see our introduction to contentious probate. For Inheritance Act claims, see our Inheritance Act 1975 guide. For will validity grounds, see our guide on the grounds for contesting a will. For time limits, see our guide on time limits for contesting a will. For the alternative to litigation, see our guide on mediation in estate disputes.
For the non-contentious estate, see our estate administration checklist and our complete UK probate guide.
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