Whilst there are some situations where the costs to challenge a Will are paid from the estate, this is not always the case.
The general rule is that the successful party will have their legal costs paid for by the unsuccessful party. There are however some exceptions to this rule.
Where a probate claim arose from the negligence of the testator’s solicitors, the costs of those legal proceedings may be recoverable from those solicitors.
In deciding whether to order one party to pay the other’s costs, a court will consider all of the circumstances of the case including the conduct of the parties before and during the legal proceedings, whether the parties tried to avoid legal proceedings by attempting to resolve the dispute and whether it was reasonable for the party who commenced the legal proceedings to do so.
As there is a risk that you may be ordered to pay the costs of the other party, it is strongly recommended that you receive legal advice before deciding to pursue a claim.
If you have any questions on the information contained in this guide, or if you have any questions, please call our lead sponsor.