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How Much Does It Cost To Contest A Will?

Contesting a will – or a contentious probate case, as they are more properly known – is definitely possible. But it can get expensive. So, how much does it cost to contest a will?

Let’s get into the how, why, and how much of contentious probate:

Why Contest A Will?

1) It’s Out Of Step With The Deceased’s Current Life

Most people don’t regularly update their will. This means that when they sadly pass on, their statement of wishes may no longer reflect their current situation in life.
For example, most people overlook the need to update their will even following very significant events like getting married. This means their will would ignore perhaps the most important person in their life.

2) Lost Mental Capacity

You may believe that a will is invalid because the person who made it did not have the mental capacity (sometimes called “testamentary capacity”) to make or change it at the time it was written.

When a person has been judged to have lost mental capacity and has no will, the Court of Protection (the part of the legal system covering these matters) may also order a “statutory will” to be created.

It’s not uncommon for statutory wills (which can be thought of as automatic wills made by the court) to be challenged by loved ones who believe the will does not represent the sadly departed’s wishes.

3) Undue Pressure Or Mistakes

Sometimes a will may not have been signed or witnessed correctly or another mistake made in creating it.

In thankfully rarer circumstances, a friend or family member of the deceased may believe that someone else pressured the person who has died into making or changing their will. Or that the will is some kind of forgery or represents an attempt at fraud.

Who Can Dispute A Will?

If a will has been judged legally valid, you can only contest it if you have what is called a “vested interest” in it. This is limited to the following people:

Beneficiaries named in the current or a previous will
Direct family members of the deceased
People who relied on the deceased financially
Creditors owed money by the deceased

Do You Have To Pay To Contest A Will In The UK?

Yes, it will cost money to contest a will in the UK. It can also be a stressful and emotional process – especially if the person who has passed away was very close to you.

This means it is worth thinking very carefully before you decide to contest a will. You should consider speaking with an experienced will or probate solicitor about your particular case before you decide to go ahead. They are in the best position to help you judge your likelihood of success.

How Much Does It Cost To Contest A Will In The UK?

The cost of a contentious probate case will largely depend on how long it takes to reach a result. For instance, your opponent in the dispute might quickly accept they are in the wrong. However, there is every chance they might not.

Some ballpark figures as to the general costs of contesting a will would be:

Quick acceptance following initial contest – if the person you are contesting the will with relents swiftly and accepts the will is wrong, you might only face fees of £500 to £1500.
Going into mediation or non-prejudicial negotiation – this kind of non-court discussion can resolve many cases but can cost anywhere from £7500 to £10 000. Around half of all contentious probate cases never go further than this stage.
Reaching a negotiated settlement – a longer process might cost anywhere from £10 000 to £25 000 or more plus disbursements (payments made to third parties to make the process go ahead).
Full court process through to final hearing – a cost of £60 000 to £100 000 plus disbursements would not be uncommon for this. Fewer than 1 in 50 contentious probate cases go to final trial though.

Who Pays The Cost Of Contesting A Will?

Every person involved in a will dispute will have to cover their own costs, at least at the outset. However, if you win your case, it is possible that the other side may have to pay your legal fees.

Yet this is not guaranteed. The court has a large degree of discretion when it comes to deciding who foots the bill. It could decide to split the costs, that both sides’ costs are paid by the deceased’s estate, or that it’s fairer for both sides to pay their own costs.

The court will also take into account factors like whether one side refused a settlement offer that later turned out to be very fair.

In short, it can cost a lot of money to contest a will. This makes it vital to work with a specialist will and probate solicitor who can guide you not only towards a successful result in your case, but also in how to minimise the costs of getting there.

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How Much Is A Right Of Way Worth?

There is no fixed system for calculating the value of a right of way in the UK. So, how much is a right of way worth really?

The short answer is a right of way is worth whatever someone is willing to pay for it. Or as little as someone is willing to sell it for.

To be connected to a specialist conveyancing solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

If you want to work out a fair price for a right of way you own and want to sell – or one you need and want to acquire – here are a few things to bear in mind:

What Is A Right Of Way?

A right of way (sometimes called an “easement”, though technically it is a type of easement) is a legal agreement that allows people – this could be one specific person, a group, or the general public – access to a piece of land owned by someone else.

This is usually done for a specific purpose. It could be for access to a landlocked property, to allow a water company access to pipes, or to let the general public walk, bike, hike, or drive across the owner’s land.

How Long Does A Right Of Way Last?

A right of way is most commonly created between landowners. Perhaps Landowner A needs to be able to reach outbuildings on their land and Landowner B is happy for them to drive down a lane on their own land. Perhaps they might charge a fee to allow it.

Once a right of way or easement is in place, it will continue until it is extinguished or released.

Can A Right Of Way Be Sold?

Rights of way can be created – usually in the form of what is called an “Express Grant” created by Deed – and then sold. This normally happens when someone wants to sell part of the land they own but wants to retain some kind of access.

There are also circumstances where someone has bought property that has a right of way going through it. Or where another person has stated an interest to gain access across their land.

In any of these cases, a right of way can indeed be sold.

How Much Is A Right Of Way Worth?

There are no set rules for determining how much any right of way might be worth.

A generous country landowner who is quite happy for hikers to cut across their land might sell a right of way for nothing or very little. A city landowner that has a right of way that sees them disturbed by vehicles passing along an access road to some garages might want significantly more.

In general, the more potential there is for the right of way to be used, the greater its value:

Size – the amount of land covered is the factor that will most affect how much a right of way is worth. The more land the right of way covers, the greater the chances it will be used.
Location – a right of way in an urban area will likely be worth more than a right of way out in the countryside. The more people that might want to use a right of way, the more it could be worth.
Use – a right of way might be a footpath allowing people to walk across a distant corner of a field you own. It could be a service road that passes right by your house. Usually, the more inconvenient it would be for the owner to allow access, the more it is worth.

Is A Right Of Way Beneficial For A Property?

All kinds of easements, including rights of way, may affect property value if they limit your ability to build on a large part of the land. It may also put off potential buyers, as some property professionals will advise they present a potential problem (and they may).

There are also situations where rights of way that have existed for decades – and sometimes longer – have become so much a part of local people’s lives that making changes is an easy way to prevent yourself from making friends in the local area.

Broadly speaking though, only the most restrictive or large-scale easement will have much of an effect on your property value. An easement can also be a valuable asset. This can make it worth working with a property expert and solicitor with experience in right-of-way law to see what yours could be worth.

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Conveyancing Solicitors Near Me

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How Much Does Conveyancing Cost?

It’s a conveyancer or conveyancing solicitor’s job to take care of all the legal requirements of buying or selling property in the UK. But, while usually vital, this isn’t free. So, how much does conveyancing cost?

The real answer is “it depends”. Here’s everything you need to know about conveyancing fees and where they come from:

What Do Conveyancing Solicitors And Conveyancers Do?

Conveyancing refers to buying or selling ownership of a property. You can think of a conveyancer or conveyancing solicitor as the person whose job it is to “convey” the property from seller to buyer.

You’ll need to enter your conveyancer’s name and address on the paperwork, as they’ll be responsible for:

Giving legal advice
Dealing with the contracts
Transferring funds between buyer and seller
Carrying out local council and Land Registry checks

The difference between a conveyancer and a conveyancing solicitor is that the latter is a property specialist, but only the former can handle any major legal issues and provide complete legal services. That’s why solicitors tend to be a little more expensive when it comes to conveyancing fees.

What Are Conveyancing Fees?

Conveyancing fees are essentially the legal costs of buying or selling property.

Some of these are charged by the legal professional you choose to handle that side of the sale or purchase for you. Others are an intrinsic part of a property sale or purchase that various other bodies charge you. Some are paid only by the buyer. Some, only by the seller.

Legal fees – the fees charged by your conveyancer or conveyancing solicitor for their services.
Disbursements – the name given to fees that are levied by other bodies

What Is The Average Cost Of Conveyancing Fees In The UK?

The cost of conveyancing fees is usually tied to the value of the property you want to buy or sell. However, the average fees you’ll usually pay should be around:

Conveyancing fees (when buying) – £500-1150 plus roughly £700 in disbursements.
Conveyancing fees (when selling) – £610-£950.
Conveyancing fees (for a leasehold) – usually add around £300 to the fees because of the extra work involved.

How Much Are The Legal Fees When Buying Or Selling Property?

The average legal fees when buying or selling property can be seen above. Roughly between £500 and £1150 plus disbursements, depending on whether you are the one purchasing or the one selling the property.

But what are these fees really for? Why do they vary so much? The factors that affect the cost of the legal fees and disbursements you will pay include:

1) Freehold or Leasehold

Leasehold properties add additional tasks – and thus, cost – to the fees you can expect to pay. These tasks might include liaising with the landlord or investigating the length of the lease. Certain documents also need to be created, including:

A Deed of Covenant – a legal agreement between the buyer and the landlord or property manager.
Leasehold Management Pack – this is a list of the charges the sellers can levy, paid for by the sellers. This can cost anywhere from £300-£800.
Notice of Assignment (or Transfer) – this notice informing the landlord you now own this property can be free. Or it can cost several hundred pounds.

2) The Price And Size Of The Property

Play a large role in determining the fees you can expect to pay a conveyancer or conveyancing solicitor.

3) Checks and Searches

The professional handling your conveyancing will need to complete a range of checks and searches for you. Some of these are required by law. Some are simply a good idea:

Anti-money laundering checks – verify your identity for a small fee.
Gifted deposit checks – to prove that your deposit came from somewhere legitimate. Even if your parents are very generously funding your property purchase, it may cost upwards of £100 to prove they got the money from a legitimate source.
Property fraud checks – that verify the lawyer your conveyancer will transfer money to is legitimate. Another small fee.
Local authority searches – covering issues like drainage and environmental conditions (including things like nearby rivers or coal mines) and other issues. Planning searches that check for local development are also common and smart. These fees can range from several hundred pounds to £500.

4) Land Registry fees

HM Land Registry administers who owns what land and property in England and Wales. They charge fees for searching and updating their records, including:

Copy of the Title Deeds – getting a copy of these from the Land Registry involves paying a small fee.
Transfer of ownership – the Land Registry charges around £200-£300 for transferring ownership of a property.

If you discover the property you’re buying or selling isn’t on the Land Registry and think this might reduce costs here, there’s some bad news. This will require your conveyancer or solicitor to do a lot more work, adding costs.

5) Help to Buy and Other Schemes

Help to Buy, Right to Buy, and Shared Ownership schemes all generate extra work for the conveyancer. The prices they can charge for this work are capped, but can still be £200-£300.

6) Other Taxes and Fees

There are also some additional fees, including:

Bank transfer fee (or telegraphic transfer fee) – it costs a small amount of money to guarantee that the funds will reach the seller’s account at the set time.
Stamp Duty – this varies depending on property pricing, starting at properties valued at £125 000 and going upwards. There are different rules for first-time buyers.

Do I Have To Hire A Conveyancer Or Conveyancing Solicitor?

It is possible to handle the conveyancing of property you are buying or selling yourself, though usually only if you don’t have a mortgage. Almost every mortgage lender will insist that you use a professional because of the complexity of the tasks involved. There are also the potential costs of getting it wrong.

Conveyancing solicitors are more expensive than conveyancers. But solicitors also provide a full range of legal services and advice that a conveyancer can’t.

Finally, it’s worth asking for conveyancer recommendations from people other than the estate agent selling the home to you or for you. The cost of conveyancing isn’t the only thing to check when hiring a conveyancer or conveyancing solicitor. You also want to be sure you can trust them.

Need To Talk To Someone About The Best Way To Handle The Cost Of Conveyancing?

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Conveyancing Solicitors Near Me

To be connected to a specialist conveyancing solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How To Put Pressure On Solicitors

Having Difficulties With Your Solicitor: How To Put Pressure On Solicitors?

If you are dealing with a legal case, you are likely to want it completed as soon as possible. Sometimes, this means encouraging your legal team to deal with matters proactively. In this article we take a look at how to put pressure on solicitors so that your legal matter can progress as quickly as possible.

At Solicitors Near Me, we connect you with hand-picked solicitors who have expertise in a range of sectors, including conveyancing, property law, family law, business law and probate.

We only work with solicitors we know to have a high level of experience and who offer outstanding services as quickly as possible. This includes working hard to move matters forward, rather than waiting to be chased.

If you need legal help and time is of the essence, we will be happy to find you the right solicitor for your needs.

To connect to an expert local lawyer, please call us on 0845 1391399 or complete a Free Online Enquiry.

Otherwise, read on to discover how to put pressure on your current solicitors (and just remember we are here the next time that you need a solicitor)….

Asking Your Solicitor To Speed Up The Process

The first step is to have an honest conversation with your solicitor and find out exactly what the hold up is. Make sure they fully explain the process to you and that you understand why your legal matter is going more slowly than you would like.

Legal matters can be complicated at times, with many different parties involved and paperwork needed from different sources. It may well not be the fault of your solicitor, but they should make sure they keep you updated so that you know what is happening and why there is a delay.

They should also keep the pressure on other parties as far as possible to ensure that everyone is working hard to move matters along.

We take a look at conveyancing and family law, two areas where clients are always keen to finalise issues, and examine what might be causing a delay and what can be done about it.

Delays In Conveyancing Transactions

If you are buying a property, your solicitor will need to carry out extensive due diligence work to check that the legal title is sound and that there have not been any breaches of the restrictive covenants contained in the title deeds.

They will need to carry out searches and if the results reveal anything of concern, they may need to make further enquiries and ask questions of the seller’s solicitor. They will also need to have copies of planning consents and building regulations approvals for any work that has been carried out to the property.

Delays can occur when local authorities or other search agencies have a backlog and are not able to supply results promptly. It may also be the case that your seller’s solicitor is slow to respond to requests for information.

If you are in a chain, you will not be able to exchange contracts until everyone in the chain is ready. If anyone is experiencing a delay, for example, they have not received a mortgage offer or an issue has been revealed in their survey, then the whole chain will have to wait until they are ready.

Both your solicitor and the estate agent can keep the pressure on your buyer’s solicitor. Your solicitor will also be able to chase search results, although these are generally dealt with on a first-come, first-served basis.

You can help avoid delays by instructing a solicitor early on and providing the information they need promptly. This could include identity documentation, money on account of searches and initial forms.

By instructing an experienced conveyancing solicitor, you stand the best possible chance of completing without delay. If a legal issue arises, they will have the understanding to deal with it. The chances are they will have come across a similar problem before and they will have the expertise and legal know-how to resolve it promptly and effectively.

You are also advised to choose a solicitor with a good reputation for client service. They are likely to stay in close contact with you and keep you updated as to progress. They will also make sure they are available to speak to you to discuss any concerns and answer your questions.

Delays In Family Law Proceedings

If you are going through a divorce, you will need to finalise financial issues as well as put new arrangements for your children in place, if you have any.

The financial process can be lengthy. You will need to start by making a full disclosure of all of your assets together with evidence in support. Your solicitor will then enter into negotiations on your behalf with your spouse’s solicitor to try and reach an agreement.

If you are not able to do this, then you will usually be referred to mediation. A mediator will explain the services they offer to you both and you will be able to decide whether you wish to try this route to attempt to reach a settlement.

You will generally go through a similar process in respect of arrangements for your children. If an agreement cannot be reached, then you may be considering going to court.

Extensive backlogs in family courts mean that cases are taking around a year on average to reach a final hearing.

The best way to avoid this is to try to resolve matters without recourse to the courts. There are several methods of alternative dispute resolution which can be both quicker and more cost-effective.

Collaborative law is a round-table discussion between you, your solicitor, your spouse and their solicitor with the aim of reaching a negotiated settlement. It can be a much faster way to finalise matters, often taking around three to four months rather than a year. You can also schedule the hearings for times to suit you and you do not run the risk of it being called off at the last moment, which can happen with court.

Arbitration is similar to court but paid for privately. A senior family lawyer will hear your case and make a binding decision. Again, you can decide when you want to have a hearing.

Mediation is another effective way of dealing with matters. You will be helped to consider all of the options open to you and to work with your spouse to try and find an agreeable solution. The outcome will be one that is acceptable to you both, rather than an outcome imposed on you whether you like it or not, as is the case with court. It can also help you work with your spouse and prevent your relationship from degenerating further, which is particularly advantageous if you have children.

In most financial and children’s arrangements proceedings, you are required to at least consider mediation before you ask the court to intervene.

Contact Local Solicitors

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How To File For Divorce UK

Expert Local Divorce And Financial Solicitors – How To File For Divorce UK

If your relationship has broken down and you are thinking of getting a divorce, you may be considering handling this yourself. While it is fairly straightforward to ask the courts for a divorce, it is essential that other issues are dealt with at the same time. For example, you need to have financial arrangements in place or your former spouse could make a claim against you in the future. We look at how to file for divorce UK and also what other matters you need to consider.

At Solicitors Near Me, we connect clients with expert local divorce solicitors. Our hand-picked divorce lawyers have a high level of expertise and offer excellent service as well as support and guidance at what is usually a difficult time.

To be connected to an expert divorce solicitor, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Filing For A Divorce UK

The new divorce law, introduced in April 2022, makes it easier than before to apply for a divorce. Now, you simply need to tell the court that your relationship has irretrievably broken down. Before, there was a requirement to show why this was the case by proving one of five facts, including adultery and unreasonable behaviour.

The new law aims to remove any aspect of blame from the divorce or dissolution process. Now, either you or your partner can apply to the court on the grounds of irretrievable breakdown, without having to cite a reason behind this. You can also make the application together if you wish.

If you apply together but your spouse subsequently drops out of the process, you can still continue on your own. There is no longer any option to contest a divorce.

1. Filing Your Divorce Application With The Court

The application can be made online or by post. If you will be applying jointly, you both need to use the same method and confirm separately that you wish to apply for a divorce.

You will need to fill in form D8 and pay the fee of £593, unless you are eligible for Help With Fees. You must also send your original or a certified copy of your marriage or civil partnership certificate.

2. Serving The Application

If you made a sole application, then the court will arrange for this to be served on your spouse or civil partner. They will be given an Acknowledgement of Service form to complete and return to the court. The court will also issue you with confirmation that your application has been issued and a copy of the application that has been stamped by the court. You will be provided with a case number to use in all further applications.

3. Applying For A Conditional Order Of Divorce

Once your divorce application has been issued by the court, you need to wait for twenty weeks before you can take the next step. This is a cooling off period so that you can consider whether you still want to go ahead with the divorce or dissolution.

After twenty weeks, you can apply to the court for a conditional order, formerly known as a decree nisi. This is confirmation by the court that it intends to issue a divorce. You will be notified of the date when the conditional order is to be granted.

4. Applying For A Final Order

You can apply for a final order six weeks after the conditional order has been issued. Once the court has approved and sealed the final order, you will officially be divorced or your civil partnership dissolved.

Before You Apply For A Divorce

Before you start the application process, you are strongly advised to speak to a solicitor about financial matters. If you have children, you are also advised to put arrangements in place setting out where they will live and how long they will spend with each parent.

Financial Orders

Divorce does not end your financial obligations to each other, so it is crucial to deal with this point when you are divorcing. You will often be advised to wait until you have an agreement or order in place before you finalise a divorce.

It is important to speak to a solicitor about your financial situation to ensure that your rights and interests are protected. We can put you in touch with an expert in financial issues on divorce who will be able to discuss the best course of action for your circumstances.

You will need to complete a lengthy form, fully disclosing your financial situation to your spouse.

Ideally, you and your spouse will negotiate a financial settlement that you can both agree on. Your solicitor will advise you of what you can realistically expect and represent you in negotiations to ensure that you achieve this.

If an agreement cannot be reached, you will usually need to consider mediation. Your solicitor can arrange this. Where mediation is not successful or you or your spouse decide not to go through with this option, an application can be made to the court for a financial order.

If you are able to reach an agreement, your solicitor will put this in writing and ask the court to seal it in a consent order, which will make it legally binding.

Arrangements For Children

You will also need to come to an agreement over your children, to include where they will spend their time, how much time they will spend with each parent, what will happen during holidays and who else they can see.

Again, where an agreement cannot be reached, mediation needs to be considered as the courts will not generally hear a case until this has happened. Your solicitor will be able to advise you on how to attempt mediation.

If you are able to agree on arrangements for your children, these can also be sealed by the court so that they are legally binding.

Contact Local Divorce Solicitors

Our expert local divorce lawyers can help you as much or as little as you need with the divorce process and the associated issues. They have a wide range of expertise and offer a high level of service.

To be connected to a specialist divorce solicitor, please either call us now on 0845 1391399 or complete a Free Online Enquiry.