How Much Does It Cost to Contest Probate in the UK?

What does it cost to start contesting probate

The formal first step in disputing a will or grant is entering a caveat at the Probate Registry, which prevents a grant of probate or letters of administration from being issued while the dispute is investigated. This is a low, fixed court fee, separate from the far larger legal costs that can follow if the dispute proceeds to a contested hearing.

How much does it cost to contest probate with a solicitor

Beyond the caveat fee, contesting a will or grant almost always involves instructing a solicitor for contentious probate work, which is charged separately from the SRA's uncontested-probate pricing rules and is typically billed by the hour given the unpredictable length of a dispute. See probate solicitor fees for how uncontested probate pricing works, noting that contentious matters fall outside that published pricing requirement.

Who pays the costs if you lose a probate dispute

Under Civil Procedure Rules Part 44, the general rule in civil litigation, including probate disputes, is that costs follow the event: the unsuccessful party is ordered to pay some or all of the successful party's legal costs, at the court's discretion. This means a claimant who brings a probate challenge and loses can be liable not only for their own legal fees but for the other side's as well, which is frequently a far larger sum than the dispute's caveat fee.

The courts recognise a small number of exceptions to this general rule in probate cases specifically. Costs may be paid from the estate itself where the person who made the will, or those interested in the residue, are found to have genuinely caused the litigation. Costs may also be left for each side to bear where the circumstances reasonably justified investigating the matter, rather than one side simply having brought a hopeless claim. These exceptions are applied narrowly by the courts, and the starting assumption in most cases remains that the loser pays.

Does contesting probate affect estate valuation?

A contested estate often needs its assets, particularly property, valued more than once, since delays caused by litigation can mean an original date-of-death valuation needs updating for later stages of the dispute or distribution. See probate valuation costs for what has to be valued and when.

Funding a probate dispute

Given the loser-pays cost risk under CPR Part 44, anyone considering a probate challenge should weigh the caveat fee and initial legal advice cost against the potential exposure to the other side's costs if unsuccessful, rather than treating the entry cost as representative of total risk. For the full picture of every other probate cost component that continues alongside a dispute, see how much does probate cost in the UK.

What an executor's costs look like in a dispute

An executor's position in a contested estate is different from that of a claimant or defendant with a personal interest in the outcome. Under the Civil Procedure Rules, an executor is generally entitled to an indemnity from the estate for costs properly incurred in the litigation, provided they have acted reasonably and have not adopted a partisan stance in favour of one side. An executor who steps beyond simply holding the ring between disputing parties, and instead actively campaigns for one outcome, risks losing that costs protection and being treated like any other party for costs purposes. This is one of the reasons executors facing a probate dispute are usually advised to seek their own legal guidance early, rather than assuming the estate will automatically cover whatever costs they incur.

Part 36 offers and costs risk

Formal settlement offers made under Part 36 of the Civil Procedure Rules can significantly change the costs position in a probate dispute. A party who rejects a Part 36 offer and then fails to beat it at trial can face additional costs consequences on top of the general loser-pays rule, which is one of the mechanisms the courts use to encourage early settlement of contentious probate claims rather than prolonged litigation. This adds a further layer of financial risk beyond the headline caveat fee that anyone considering a challenge should factor in before proceeding.

What is a caveat and how much does it cost?

A caveat is a formal notice lodged at the Probate Registry that prevents a grant of probate or letters of administration being issued while a dispute is investigated. It currently costs £3, rising to £4 from 13 July 2026.

Will I have to pay the other side's legal costs if I lose?

Under the general rule in Civil Procedure Rules Part 44, the unsuccessful party is usually ordered to pay some or all of the successful party's costs, subject to the court's discretion and the specific exceptions that apply in probate proceedings.

Can the costs of a probate dispute come out of the estate instead?

Sometimes, but only in limited circumstances, such as where the person who made the will or those interested in the residue are found to have genuinely caused the litigation. This is an exception to the general loser-pays rule, not the default outcome.

How long does a caveat last?

A caveat lasts for a set initial period and can be extended by making a further application, which carries the same fee as the original entry.

Do I need a solicitor to contest a will?

It is not a strict legal requirement, but contentious probate matters involve court procedure and costs risk under CPR Part 44 that make specialist legal advice considerably more important than in an uncontested application.