Last Updated on 9th February 2026
Legal costs are an important consideration when disputing a will.
A recent will validity challenge has left a defendant facing a £400,000 legal bill — a figure higher than the inheritance she is due to receive. It serves as a salutary reminder of the need to consider the impact of costs when taking legal action, and the strategies available for limiting your exposure.
The facts of Ms Patel’s case
The defendant in the case, Ms Patel, was set to receive £600,000, almost all of her father’s estate. However, following a successful will validity challenge, her inheritance has been effectively wiped out.
The deceased, Ms Patel’s father, passed away leaving a will in which Ms Patel received his property in Harrow, north-west London, and his other two children, Ms Stewart-Brown and Mr Patel, were left a pecuniary legacy of only £250 each. The will had been prepared two months prior to his death, while he was terminally ill in hospital.
At trial, the claimant, Ms Stewart-Brown, asked for the will to be ruled invalid on the grounds that it had not been properly executed.
By section 9 of the Wills Act 1837, a testator has to follow certain formalities in order for a will to be deemed legally valid. The will must be in writing, signed by the testator, and their signature must made or acknowledged in the presence of two or more witnesses present at the same time. The witnesses must then either attest and sign the will, or acknowledge the testator’s signature in their presence.
When questioned about the execution of the will, the witnesses stated that they had signed the will using the same pen as the deceased. However, it was clear from the face of the will that the same pen had not been used by all participating parties.
Although using the same pen as the deceased is not one of the formal requirements under section 9 of the Wills Act 1837, the judge ultimately held that the circumstances in which the will was prepared, and executed, were highly suspicious. As a result, he decided that the will had not been correctly witnessed and was therefore invalid.
This meant that the deceased’s previous will was upheld. By this will, the deceased left a legacy of £50,000 to Ms Patel, with the residuary estate being split into shares of 33% to each sibling and 1% to a charitable trust. The estate is worth approximately £600,000, leaving each sibling approximately £200,000.
How the legal costs of the will dispute were dealt with
As Ms Stewart-Brown was successful in challenging the will, the defendants — Ms Patel and the executor of the will — were held jointly liable for paying Ms Stewart-Brown’s legal costs. This means that not only will Ms Patel have to pay her own legal fees, she will also have the burden of paying half of Ms Stewart-Brown’s legal fees.
The judge ordered an up-front payment of £180,000 plus VAT to be made towards costs. However, the final bill is likely to exceed £400,000. As Ms Patel’s share under the earlier will is estimated to be approximately £200,000, the legal costs are likely to wipe out her entire inheritance.
What does it cost to dispute a will?
It’s always difficult to assess what the legal costs are going to be in advance. Lawyers will give a best estimate based on various scenarios and outcomes, but there are many variables, particularly in complicated and fiercely contested cases.
Legal costs vary on a case by case basis, but there are strategies that can be adopted to lessen the parties exposure to legal costs.
Funding a disputed will case on a No Win, No Fee basis
The Patel case highlights one of the benefits of funding claims under a No Win, No Fee agreement. No Win, No Fee funding can be utilised in disputed will claims to protect clients from the potential financial consequences that arise in the event their case is unsuccessful.
If Ms Patel had funded her case on a No Win, No Fee basis, she would still have been required to pay her sister’s legal costs (a risk that occurs once proceedings have been issued), but she would not have been required to pay her own legal fees. This would have significantly reduced her liability.
She might also have been able to obtain a policy of legal expenses insurance that would have covered her in respect of her sister’s costs.
Minimising the cost of a will dispute through mediation
Another strategy of minimising legal costs is to explore the possibility of an out of court settlement through mediation.
Trials are very expensive, and mediation often enables contested will disputes to be resolved earlier and at far less cost than conventional court proceedings.
How we can help you to manage the cost of disputing a will
Our team of contentious probate solicitors are here to offer you expert guidance on the cost of disputing a will.
We will look at strategies that can be adopted to minimise your exposure to costs, such as mediation, and look at the funding options, including No Win, No Fee.