One of the most common questions about will contests is, “How much does it cost?” The answer, unfortunately, is that Will contests are some of the most expensive types of lawsuits. If you’re considering filing one, the amount of money in dispute must be substantial – typically at least a couple hundred thousand dollars – to justify the cost.
Will contests are complex and expensive, so before you even think about filing, ensure the estate is large enough to warrant the costs. You should treat every case as though it could go all the way to trial, and preparing for that scenario requires significant resources.
Will Contest cases can require a significant investment of time and resources. At a minimum, you’ll need to secure a substantial retainer to initiate the process. These cases often involve extensive legal work, such as gathering evidence, depositing, and possibly going to trial, which can significantly increase the overall complexity and expense. It’s important to be prepared for these cases’ financial commitments.
Will contests are highly fact-intensive. This means we’ll need to take depositions from numerous witnesses who can provide insight into the testator’s health or the circumstances surrounding the execution of the Will. These fact-finding efforts require time and resources, further driving up costs.
One of the reasons why contests are so expensive is that they often require expert medical proof. If you’re challenging the testator’s capacity, you’ll need to obtain and review medical records, take depositions from doctors, and potentially hire expert witnesses to testify that the testator lacked the mental capacity to execute the Will. This process is costly – not just because you’re paying for legal work but also because you’ll need to compensate medical experts for their time and testimony.
If your case goes to trial, be ready for even more expenses. Trials can last several days, and the legal fees and other associated costs will continue to add up.
The bottom line is that Will contests are expensive and should only be pursued if a significant amount of money is at stake and you truly believe that the testator’s intent isn’t being honored. However, it can be worth proceeding if you’re facing a situation where you know something is wrong—whether it’s undue influence or another factor.
