Can probate fees be challenged? How costs assessment works in probate
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Understanding how costs assessment works can protect executors, reassure beneficiaries, and prevent disagreements later on.
Most people assume that probate fees are fixed, inevitable, and unquestionable.
But they're not.
In fact, probate is one of the few areas of law where legal fees can sometimes be:
- challenged
- reduced
- scrutinised
- or formally assessed by the court
Understanding how costs assessment works can protect executors, reassure beneficiaries, and prevent disagreements later on.
This guide explains when probate fees can be challenged, who has the right to question them, and what the assessment process looks like.
Why probate fees matter
Executors are allowed — even expected — to use solicitors.
Done well, this protects the estate and speeds everything up.
But legal fees in probate can vary widely depending on:
- complexity
- missing documents
- difficult beneficiaries
- HMRC delays
- property issues
- tax complications
Sometimes the bill is fair.
Sometimes it needs a second look.
And sometimes the estate has effectively paid for chaos that wasn't its fault — or for work that wasn't strictly necessary.
Can probate fees be challenged?
Yes.
Depending on the situation, either the executors or the beneficiaries may challenge solicitor fees connected with probate.
Challenges generally fall into three categories:
- Solicitor/client assessment (executors challenging fees)
Executors may ask the court to assess the solicitor's bill under the Solicitors Act 1974, usually within 12 months of the bill.
- Beneficiary challenge (beneficiaries challenging fees charged to the estate)
Beneficiaries cannot usually challenge a solicitor's fee directly —
but they can challenge the executor's decision to pay it out of the estate.
Simply put:
The beneficiary challenges the executor, and the executor challenges the solicitor.
- Court-directed assessment
In contentious cases — especially where there is executor conflict — the court may order an assessment by the Senior Courts Costs Office (SCCO).
When do probate costs raise red flags?
Probate costs may be questioned when:
- the bill seems disproportionate to the size of the estate
- executors did not supervise or question the solicitor properly
- there was duplication of work
- the solicitor communicated excessively or inefficiently
- costs were incurred due to avoidable delay
- the solicitor blurred the line between executor work and legal work
- the estate was charged for disputes caused by beneficiaries
- time costs weren't properly recorded
- a "value element" seems too high
Executors have a duty to protect the estate from unnecessary loss, including excessive legal fees.
A clean probate is built on good communication and good records.
Who can challenge probate fees — and how?
Executors
Executors can request:
- a solicitor/client assessment;
- a detailed bill;
- a breakdown of time;
- justification of any value element.
Beneficiaries
Beneficiaries can:
- challenge the executor's decision to approve fees
- request an account of administration
- apply to court if the executor refuses to act
- seek a reduction of the fees reimbursed from the estate
Co-executors
One executor can challenge fees approved by another if they believe they were unreasonable.
How does costs assessment work?
A formal assessment usually follows these steps:
- Request for detailed bill
The solicitor must provide a detailed breakdown within a reasonable time.
- Solicitors Act application
If costs remain disputed, the court can assess the bill.
- Senior Courts Costs Office
Specialist costs judges examine:
- hourly rates
- time spent
- proportionality
- duplication
- necessity
- value element
- outcome achieved
- conduct of the solicitor
- Adjustment
The SCCO may reduce the bill — sometimes significantly.
Reductions of 10–40% are not uncommon in poorly managed probate files.
Who pays for the assessment?
Solicitor/client disputes:
Usually the solicitor bears the cost if their bill is reduced substantially.
Executor/beneficiary disputes:
If the executor acted reasonably, the estate often bears the cost.
If they acted unreasonably, the executor may be personally liable.
This is why executors must be cautious, transparent, and fair when approving legal bills.
How to avoid probate cost disputes
- ensure clear retainer terms
- ask for updates on costs
- question unusual time entries
- avoid duplication
- keep communication efficient
- document decisions
- seek early advice if concerns arise
A clean probate is built on good communication and good records.
How QLAW can help
We regularly advise on:
- challenging excessive probate fees
- protecting executors from unfair criticism
- Senior Courts Costs Office assessments
- cost consequences in contentious probate
- value element disputes
- drafting fair and defensible probate retainers
- complex executorship disagreements
Whether you're an executor, a beneficiary, or a solicitor seeking clarity, we can provide clear, practical help.
Final thought
Probate costs don't have to be mysterious.
The law gives clear routes to challenge, review, and — when needed — reduce fees.
Handled correctly, costs assessment protects estates, keeps administration fair, and ensures that families receive what the law intended.
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