Costs in Will Disputes Cases
If you are involved in a dispute over a will, it can be difficult to know how much the process may ultimately cost, and who will be responsible for paying those costs. At JMW Solicitors, we are experts in wills disputes and associated issues of costs, and can help to make this process crystal clear for you.
As part of our broader legal services for wills disputes, we will provide you with simple, easy-to-understand advice on cost orders, helping you to understand which costs will be deducted from the estate and all of the factors involved in making this decision.
JMW’s team of experienced wills disputes solicitors will be with you at every step of this process, providing expert legal advice and practical support whenever you need it. We understand how stressful wills disputes can be, particularly when costs orders are involved, and we are committed to making the process as straightforward as possible for you.
To learn more about how we can help you understand and deal with wills disputes costs orders, get in touch with JMW’s dedicated team today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.
What are Will Disputes Costs Orders?
When a legal dispute arises over a person’s will, there will be various costs associated with bringing the case to court. These will disputes costs will accumulate over the course of the proceedings, depending on the complexity of the case, the number of people involved and how long it takes to reach a conclusion.
At the outset of the case, all of the parties involved will be responsible for their own costs, but after the case has been decided, the judge will make a decision on which of the parties will be responsible for paying the costs. This ruling is called a contentious probate costs order.
As a rule, the losing party in the dispute will be the one responsible for covering the costs, but, in some cases, the amount may instead be deducted from the deceased person’s estate. There are also other situations where an order for costs may work differently, such as if one of the parties has applied for a Beddoe order to prevent themselves from being held personally liable for the costs. In all cases that are decided by the court (rather than through a negotiated settlement) costs are entirely at the discretion of the court.
By exploring the FAQs section on this page and then getting in touch with the will dispute solicitors at JMW, we can provide you with a complete understanding of how costs are determined in contentious probate cases and when particular costs may be made by the court, ensuring that you are fully aware of all of the potential financial implications of the court’s decision.
How JMW Can Help
No matter what the details of your specific case may be, JMW’s will disputes team will help make the process of determining cost simple and transparent. We have years of experience in handling all aspects of the contentious probate process, including its associated costs, for individuals and organisations of all sizes.
Working closely with our colleagues in our Wills, Trusts and Estate Planning and Court of Protection departments, we will provide you with specialist advice tailored to your specific circumstances. Our focus is on giving you pragmatic advice in clear English, helping to demystify what can often feel like a daunting process and ensuring you achieve the best advice and outcome.
Our Accreditations
Members of our contentious probate team have received professional accreditation from the following organisations and associations:
- The Legal 500 - Who said that JMW are a “great team. Good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable.”
- Chambers and Partners High Net Worth Guide - JMW’s wills disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”.
- The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to this association requires solicitors firms to meet certain criteria based on their performance in this line of work.
- Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.
- Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation.
FAQs About Contentious Probate Costs Orders
What are the most common types of contentious probate costs orders?
Judges presiding over a wills dispute case will often issue one of the following rulings when it comes to deciding an order for costs:
- Costs in any event - this means that regardless of the overall outcome, the party who was successful during a particular part of the case (such as an interim application) will always be reimbursed for their costs relating to that part of the litigation from the other party
- Costs in the case - rather than making a decision about costs during the interim hearing, the judge will wait until the outcome of the final hearing, with costs for the interim hearing being awarded in favour of the successful party
- Costs reserved - the court postpones a decision on costs until a later hearing
- No order as to costs - this means each party will need to bear their own costs for the current section of proceedings, regardless of the decision made during the final hearing
Sometimes it may also be possible to obtain an order for funding to be allocated from the assets of a trust or estate before the court process begins, especially in cases where the trust or estate would be unable to continue operating without the issue being resolved.
How will I know if I am liable for contentious probate court costs?
As a general rule, beneficiaries and other third parties who are involved in probate proceedings should expect that the unsuccessful party will pay the other’s costs, although this can vary depending on the circumstances of the case. This general principle will also apply in disputes that have been brought under the Inheritance Act.
If you are acting in the role of personal representative of an estate and are therefore playing a neutral role in the process, any costs you incur will normally be paid out of the estate. However, this also could vary depending on the details of the case, especially if accusations of misconduct are involved.
The final decision on cost orders will depend on a number of factors, including:
- Your conduct during the court case
- Whether you were successful during the part(s) of their case that involved you
- Whether any offers of settlement were made during the course of proceedings
- Whether it can be shown that the costs of the case were mainly caused by one specific party
- Whether the costs of the case were the fault of the deceased - for example, if confusion and uncertainty has arisen due to the wording of the will
What is a Beddoe order?
Personal representatives and trustees in a wills dispute can protect themselves against being found personally liable for costs by making an application to court for a Beddoe order. This is a special request for personal representatives or trustees to be compensated for any costs they incur if they lose the case, to be taken from the value of the estate.
These orders are provided to make it possible for those responsible for representing an estate or trust to bring or defend a claim against a third party - or if there is a dispute between the beneficiaries of the will - without the risk of being left personally out of pocket if the case fails.
If you believe you are entitled to apply for a Beddoe order, it is important to make this request as early as possible. It is also vital to note that if you are judged to have requested the order unnecessarily, you may be liable to cover the costs of the application.
Talk to Us
To speak to one of our solicitors about any aspect of contentious probate costs orders, get in touch with JMW today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.
