How Much Does It Cost to Contest a Will?

Attorney Fees

Estate litigation attorneys typically charge $300 to $700 per hour, depending on the market and the attorney's experience. Most require an upfront retainer of $5,000 to $10,000 before taking your case.

A straightforward challenge that settles through mediation might cost $15,000 to $30,000 in total legal fees. A fully litigated case that goes to trial can run $50,000 to $200,000 or more, depending on complexity, the number of parties involved, and whether expert witnesses are needed.

Some attorneys take will contest cases on contingency, particularly for large estates. Under this arrangement, the attorney receives a percentage of whatever the client recovers — typically 25% to 40% — and charges nothing if the challenge fails. Contingency arrangements are more common for claims involving clearly documented fraud or substantial estates.

Court Filing Fees

Court costs are relatively minor compared to attorney fees. Filing a will contest petition typically costs $200 to $500, depending on the jurisdiction. Additional fees apply for motions, subpoenas, and certified copies of court documents.

These fees are predictable and rarely affect the decision of whether to proceed.

Expert Witness Costs

Expert witnesses can add significant expense, but they're often the difference between winning and losing.

Medical experts. A geriatric psychiatrist or neuropsychologist reviewing medical records and providing a retrospective capacity assessment charges $3,000 to $7,000 for a report. Testifying at trial adds another $2,000 to $5,000 per day.

Handwriting experts. Forensic document examiners who analyze signatures and detect alterations charge $2,000 to $5,000 for analysis and a written report.

Forensic accountants. When financial exploitation or hidden assets are at issue, forensic accounting fees range from $5,000 to $15,000 or more, depending on the complexity of the financial records.

Who Pays in the US

Under the American Rule, each side pays their own legal fees. This means if you contest a will and lose, you bear the full cost of your own attorneys, experts, and court fees.

However, exceptions exist. If your challenge benefits the estate — by exposing fraud, removing a corrupt executor, or invalidating provisions tainted by undue influence — the court may order your legal fees paid from the estate's assets. Conversely, an executor who defends the will in good faith can almost always have their legal fees covered by the estate.

Who Pays in the UK, Canada, and Australia

Under the "loser pays" system used in the UK, Canada, and Australia, the losing party is typically ordered to pay a significant portion of the winning party's legal fees in addition to their own.

Two important exceptions apply to probate disputes. First, if the litigation was caused by the testator's own actions — ambiguous drafting, contradictory documents, or unaddressed capacity issues — the court may order all parties' costs paid from the estate. Second, if the challenger had reasonable grounds to investigate the will's validity, the court may order each party to bear their own costs, even if the challenge fails.

Weighing the Decision

Before committing, run the numbers honestly. What is the estate worth? What's your realistic share if the challenge succeeds versus what you inherit under the current will? How strong is your evidence?

If the difference between your current share and your expected share after a successful challenge doesn't significantly exceed the projected legal costs, mediation or a negotiated settlement is almost always the better path.

Our Contesting a Will toolkit includes a cost-benefit calculator that helps you map out these numbers before your first meeting with an attorney.