Deciding whether to challenge a will is rarely just a legal question. It is also a financial one, and the uncertainty around cost is often what worries people most. This guide explains what a contested probate action actually involves, who tends to pay, and when the estate itself may bear the cost. It sits alongside our overview of contesting a will in Ireland.
We are a probate coordination service, not a law firm, and contesting a will is contentious litigation that needs a solicitor. What follows is general information drawn from official Irish sources to help you understand the cost landscape before you take advice — not a prediction of what your own case will cost.
Why there is no fixed price
Contesting a will is a form of civil litigation, and litigation costs vary widely. The figure depends on the grounds being argued, the value and complexity of the estate, how much evidence is needed, and — above all — how far the case proceeds before it ends. There is no published scale fee for a will dispute.
A dispute that settles early through negotiation or mediation costs a fraction of one that runs to a full hearing. Each additional stage — formal court filings, exchanging documents, expert reports, barrister fees, and court time — adds to the bill. The single biggest driver of cost is not the grounds for the challenge, but how far the case travels before it ends.
Who pays: the “costs follow the event” rule
In Irish civil cases the general principle is that costs follow the event. In plain terms, the side that wins will usually have its reasonable legal costs paid by the side that loses, on top of recovering its own. The losing party can therefore face two sets of costs.
This rule is set out in section 169 of the Legal Services Regulation Act 2015. It states that a party who is entirely successful in civil proceedings is entitled to an award of costs against the unsuccessful party. The same section allows the court to direct otherwise, so the rule is a starting point rather than a fixed outcome.
The court weighs several factors before departing from the rule. These include how the parties conducted themselves before and during the case, whether it was reasonable to raise or contest particular issues, whether a claim was exaggerated, the terms and timing of any settlement offers, and whether a party unreasonably refused to mediate. Conduct, in short, can change who pays.
Ultimately the judge decides costs, and that decision is separate from the decision on the will itself. You can be right on the law and still face an unfavourable costs order if the case was run unreasonably, and the reverse is also true.
The challenge succeeds (the will is set aside)
The losing side is usually ordered to pay the successful party's reasonable costs as well as their own
The challenge fails
The party who brought it usually pays both sides' costs, unless the court directs otherwise
The litigation was caused by the testator or how the will was made
The court may order costs to be paid out of the estate rather than by an individual
It was reasonable to ask the court to investigate the will
The court may make no order as to costs, so each side bears its own
How costs are commonly allocated in a contested probate action. The court retains discretion in every case. Source: Citizens Information; Legal Services Regulation Act 2015.
| Outcome of the dispute | Who typically bears the cost |
|---|---|
| The challenge succeeds (the will is set aside) | The losing side is usually ordered to pay the successful party's reasonable costs as well as their own |
| The challenge fails | The party who brought it usually pays both sides' costs, unless the court directs otherwise |
| The litigation was caused by the testator or how the will was made | The court may order costs to be paid out of the estate rather than by an individual |
| It was reasonable to ask the court to investigate the will | The court may make no order as to costs, so each side bears its own |
When the costs come out of the estate
A will dispute is not always the fault of the person who raises it. Irish courts recognise two situations where costs may be paid out of the estate rather than by an individual, sparing each party a personal costs burden.
The first is where the dispute was, in effect, caused by the person who made the will or by the circumstances in which it was made — for example, an ambiguous or poorly drawn will, or genuine doubt about the person's state of mind at the time. The second is where it was reasonable for the court to investigate the will's validity, even though the challenge ultimately did not succeed.
There is also a practical reality here. Legal costs are paid out of the same estate the parties are fighting over, so a long dispute can shrink what everyone eventually receives. For how legal fees fit within the wider cost of administering an estate, see our guide to probate costs in Ireland.
How the amount of costs is decided
Winning a costs order tells you that the other side must pay, but not how much. If the parties cannot agree the figure, it is assessed by the Office of the Legal Costs Adjudicators. This office decides the fair and reasonable amount one party must pay the other in litigation in the High Court, Court of Appeal, or Supreme Court.
The Office of the Legal Costs Adjudicators was established under the Legal Services Regulation Act 2015 and took over the role formerly held by the Taxing Master. Importantly, a costs order in your favour does not usually mean full reimbursement: an adjudicator may allow less than the total billed if some of it is found unreasonable.
Your own solicitor's charges are a separate matter. Under section 150 of the Legal Services Regulation Act 2015, a solicitor must give you a written notice setting out the legal costs you will incur, or the basis on which they will be calculated, when you give instructions. Read that notice carefully before the work begins.
What the process looks like
A contested probate action moves through set stages, and the further it travels, the more it costs. Knowing where you are on that path can help you see where a dispute might still be resolved early, before the heaviest costs arise. The steps below are a general outline, not a substitute for advice on your own case.
The stages of a contested will action
A will dispute typically follows these stages. Many disputes resolve before a full hearing, which can significantly reduce costs.
Take early legal advice and check the time limits
Before anything else, speak to a solicitor about whether you have a recognised basis to act and whether you are in time. Strict deadlines apply, and missing one can end a claim before it begins. See our guide to the time limits for contesting a will in Ireland.
Lodge a caveat to protect your position
A caveat is a notice lodged with the Probate Office that prevents a grant of probate (the court's permission to manage the estate) being issued without notice to you. It buys time to investigate while the estate is not yet distributed. It is a holding step, not a challenge in itself, and a solicitor can advise whether it is appropriate in your case.
Gather evidence and explore settlement
Your solicitor gathers the will file, medical records, and witness accounts to test the grounds for a challenge. Many disputes resolve at this stage through negotiation or mediation, which is usually far less costly than a full hearing and which the court expects parties to consider.
Issue proceedings if no agreement is reached
If the matter cannot be settled, formal proceedings are issued in the Circuit Court or the High Court, depending on the value and complexity of the estate. Contentious probate is heard by these courts rather than dealt with administratively by the Probate Office.
Hearing, judgment, and the costs order
If the case runs to a hearing, the judge decides the dispute and then decides who pays the costs. The costs order is separate from the decision on the will itself, and the court has wide discretion over how costs are allocated.
Get the costs amount assessed, if the parties cannot agree
Where the figures cannot be agreed, the Office of the Legal Costs Adjudicators assesses what is fair and reasonable for one party to pay the other. This is the modern process that replaced the former Taxing Master.
The grounds you can actually argue are limited, and getting them right at the outset shapes both the cost and the prospects. Our guide to the grounds to challenge a will in Ireland explains what the courts recognise — including lack of testamentary capacity (the mental ability to make a valid will), undue influence, and failure to follow the signing formalities required by the Succession Act 1965.
Should you take this further?
The honest answer for most people is to get a clear, early read on the strength of the case before committing. Because costs follow the event, a weak challenge carries real financial risk; a strong one, run reasonably, carries far less. A solicitor experienced in contentious probate can give you that read and a written cost estimate up front.
If you are weighing up a will dispute and are not sure where to start, we can help you understand the position and connect you with the right professional. You can start with a quick assessment — it takes a couple of minutes and there is no obligation — or call us on (01) 578 1570 if you would rather talk it through first.