Disputing a will isn’t something that any of us want to feel compelled to do but, unfortunately, the rise in ‘DIY’ wills means that, for a growing number of people, it is almost inevitable. While these documents are supposed to provide a clear roadmap for family to follow in the weeks after a loved one’s death, they can make things more complex, more fraught, and more upsetting for those who are dependent upon their inheritance.
Unfortunately, disputing a will is not an easy (or cheap) process. Nobody should attempt to navigate these unfamiliar waters without the expert guidance of reputable solicitors experienced in inheritance law or enter into the proceedings without realistic expectations for the potential financial strain it could bring with it.
Ultimately, the cost of disputing a will is going to vary significantly from case to case. It is dependent on the complexity of the case, the amount of work involved, how long it takes for you to reach a resolution, and how you elect to fund the case.
Here are a few things to keep in mind.
You may be entitled to legal aid
The government can provide legal aid to people who are otherwise unable to fund it themselves, due to low income. Most people will not be entitled to legal aid, but you can find out more about eligibility here.
A ‘no win no fee’ agreement is often the best option
‘No win no fee’ agreements are among the most popular options for funding a wide range of legal cases. They enable you to avoid incurring any legal fees if the case does not work out in your favour, but do mean, of course, that legal fees will be taken out of your inheritance if the case is successful.
This means that, if you are financially dependent on receiving your inheritance from the estate in question, you needn’t worry about being financially worse off if the court finds that you have no legal right to inherit.
Keep in mind that this isn’t always the best option for everyone. Some will dispute solicitors offer flexible funding options, which can be tailored to suit individual needs and circumstances, so it is always worth researching prospective firms for this option before committing.
There are financial risks involved
The financial strain of disputing a will is not simply limited to the costs of hiring a solicitor. While success will, ideally, help you to overcome any financial woes, an unsuccessful claim could lead to a cost order being made against you.
Obviously, your solicitor will talk you through the specifics – and the specific risks – of your case, but it is important to keep in mind that there are always financial risks associated with disputing a will, even if you feel you have a strong claim.
Keep in mind, too, that the financial risks represent just one side of the coin. Disputing a will is never easy, and the personal stress and worry of taking this on are a lot to bear – even before you consider the costs of winning or, of course, losing.
