Cost is one of the biggest concerns for anyone thinking about an estate dispute. We are open about likely costs from the start and keep you updated as the matter progresses, so there are no surprises.
Early Case Assessment
Our Early Case Assessment gives you a clear view of where you stand before you commit to a course of action. We review the key documents, explain the legal position and any time limits, and set out your options, the likely costs and a realistic timetable.
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Our fees
We usually charge on the basis of time spent, at hourly rates that depend on the seniority of the lawyer involved. We give an estimate at the outset and for each stage of the matter. [placeholder – hourly rates / estimate policy to be confirmed]
Who pays the costs of an estate dispute?
- The general rule in litigation is that the losing party pays a large part of the winning party's costs, as well as their own.
- In disputes over the validity of a will, there are recognised exceptions. Where the person who made the will, or those who benefit from it, caused the litigation, the costs may be paid out of the estate. Where there were reasonable grounds to investigate a will, the court may order each side to bear its own costs.
- In Inheritance Act claims, costs generally follow the outcome, and settlement terms usually deal with who pays which costs.
- Executors and trustees who act properly can usually recover their reasonable costs from the estate or trust fund.
These are general principles only. The court has a wide discretion over costs, and the outcome depends on the facts and on how the parties behave, including whether they make or reject reasonable settlement offers or refuse to mediate.
Funding options
Depending on the case, possible ways to fund a claim include:
- paying privately, with staged estimates;
- legal expenses insurance that you may already have, for example with a home insurance policy;
- after-the-event (ATE) insurance, which can protect against paying the other side's costs if a claim fails;
- conditional fee ("no win, no fee") arrangements, in suitable cases [placeholder – confirm whether the firm offers CFAs/DBAs]; and
- third-party litigation funding for larger claims.
Legal aid is not generally available for estate disputes.
