To contest a will, go to court in a contentious probate case.
The contestant pays attorney fees in will contest including legal costs upfront. If you win, the losing party might have to pay your legal expenses.
Consult a solicitor before proceeding. Discover who foots the bill for will contests.
Who Pays Attorney Fees in Will Contest?
Contesting a will often involves paying legal fees upfront, but funding options like conditional or deferred fee agreements may be available.
Seek legal advice to prove the will’s invalidity and arrange payment solutions.
You might be reimbursed for your costs if you win. Consult a solicitor to evaluate the evidence for contesting a will, especially when you stand to gain from it.
It can be worthwhile, especially if you’ve been excluded from a will or suspect foul play.
How Do I Contest a Will?
Contest a will with a solicitor’s guidance, preferably before estate distribution.
Possible reasons to contest include challenging will validity or seeking a fair share despite the will’s terms.
Typically, challengers are close relatives or beneficiaries named in the will, like children, grandchildren, or spouses. If the will is invalid and no other exists, intestacy rules apply.
Understand intestacy rules and potential benefits before legal action. Contesting may be necessary if you suspect manipulation or coercion altering the testator’s wishes.
Why Do People Usually Contest a Will?
Contesting a will requires valid reasons, not mere disagreement.
Common reasons include suspected coercion, a mentally unfit testator, or sudden, extreme changes benefiting one party.
To prove your case, consult a solicitor, but be prepared for a potentially lengthy process.
Seek legal advice promptly, as the contestant covers initial costs, with the losing party liable for the winner’s expenses if successful.