Can you be ordered to pay costs if you lose a will dispute?

Last Updated on 12th May 2026

Dispute over father’s will leaves claimant facing £400,000 legal bill

Following a dispute over the validity of her late father’s will, a claimant has been ordered to pay her sister’s legal costs of more than £400,000.

Two months before his death, the claimant’s father executed a will leaving the majority of his estate – including a £600,000 London property – to her. However, the High Court found the will to be “highly suspicious” and questioned whether it had been properly executed.

As a result, the court ruled that an earlier will should take effect instead. That will divided the estate equally between the three siblings, reducing the claimant’s share to around £250,000.

Because the claimant was unsuccessful in arguing that the later will was valid, she was ordered to pay her sister’s legal costs, in addition to her own. Her sister’s costs alone were estimated to be in excess of £400,000 – significantly exceeding the claimant’s inheritance.

This case confirms that you can be ordered to pay costs if you lose a will dispute, highlighting the substantial financial risks of contested probate litigation. It also underlines the importance of exploring alternatives to court proceedings, such as mediation, and of obtaining early advice from solicitors who specialise in inheritance disputes.

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Our specialist inheritance dispute solicitors are experienced in handling contested wills and high-value estate claims. We can advise you on your options, including early resolution strategies to minimise costs.

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Can you be ordered to pay costs if you lose a will dispute?