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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – LESSONS FROM ASLAM V SEELEY & MADAN

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explain the lessons arising from the decision on costs in Aslam v Seeley & Madan [2025] EWHC 24(Ch)

Contesting a Will – Lessons from Aslam v Seeley & Madan
Contesting a will is a major decision. It often arises during emotionally difficult times and can create lasting tension within families. The case of Aslam v Seeley & Madan [2025] EWHC 24 (Ch) highlights some of the challenges of contesting a will, particularly when it comes to resolving disputes over who should handle an estate and who should pay the legal costs. Here is a link to this case for future reference:

Aslam v Seeley & Anor [2025] EWHC 24 (Ch) (10 January 2025)

What Does It Mean to Contest a Will?
A contested will typically refers to a legal challenge over the validity of a deceased person’s will or the way the estate is being managed. Disputes can arise if someone believes the will wasn’t properly made, the deceased lacked mental capacity, or if a beneficiary or executor is behaving improperly. Sometimes, the issue is not with the will itself, but with the people involved in managing the estate.

The Case: Aslam v Seeley & Madan
In this case, the executor of an estate, Mrs. Aslam, was caught in the middle of a family dispute between two sisters, Maria and Sonal. The sisters disagreed about how their late father’s estate should be handled. The arguments became so intense that the executor felt unable to carry out her duties and asked the court to remove her and appoint a professional instead. The court agreed and replaced her with an independent administrator. But once that was decided, the question of who should pay the legal costs became the new focus.

Understanding Costs in Will Disputes
Legal costs in contested probate cases can be significant. The general rule in most civil cases is that the losing party pays the winner’s costs. However, in disputes about wills and estates, the court has flexibility. Costs might be paid by the losing party, by the estate itself, or each party might pay their own. The court will consider the conduct of the parties, the reasonableness of their actions, and whether the dispute was necessary due to the circumstances.

For more information on the complexities of costs in will dispute and will contest claims, please consider the following:
CONTESTING A WILL – LESSONS IN CHALLENGING A WILL (PART 2)

What the Court Decided on Costs
In Aslam v Seeley & Madan, the court found that although Maria (one of the sisters) had been difficult, the dispute was not entirely her fault. The executor, Mrs. Aslam, had tried to act properly and should have her legal fees paid from the estate. Sonal, the other sister, also acted reasonably and was awarded a portion of her legal fees from the estate. It appeared that Maria had to pay her own costs, but was not ordered to pay anyone else’s. The estate’s value was reduced by the total cost of the proceedings.

Why This Case Matters
This case shows that even when a dispute doesn’t center on the contents of the will, the administration of the estate can be just as contentious. It also highlights how expensive these arguments can be, especially when they involve going to court. Importantly, it shows that the court can use its discretion to divide legal costs in a way that reflects how everyone behaved during the dispute.

Tips for Anyone Thinking of Contesting a Will

  1. Get legal advice early – A specialist solicitor can help you understand the strength of your case.
  2. Try to settle out of court – Mediation or negotiation can save time, money, and relationships.
  3. Be aware of costs – Even if you win, you might not recover all your legal fees.
  4. Act reasonably – Courts are more likely to favor parties who cooperate and behave appropriately.
  5. Executors should remain neutral – If you are an executor, try not to take sides unless absolutely necessary.

Conclusion
Contesting a will is never a simple matter, and legal costs are often a key consideration. The Aslam case teaches us that disputes over estates aren’t always about money – sometimes it’s about who holds control. But regardless of the issue, the court will expect everyone to act reasonably. If you’re considering challenging a will or facing a will dispute, think carefully about the potential costs and outcomes before taking action.

If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.

We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.

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