Challenge an unclear or excessive probate bill through the firm's complaints process, Legal Ombudsman or a Solicitors Act court assessment.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 12 min.
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Do not assume so. Ask the firm for a clear explanation and work breakdown, but the statutory bill rules are technical. If the court orders assessment, CPR 46.10 requires the solicitor to serve a breakdown of costs within 28 days unless the court orders otherwise.
Apply within one month of delivery of the bill for the strongest statutory position. After one month the court has discretion, and after 12 months, payment or judgment special-circumstances rules can apply. Twelve months after payment, the court has no power to order assessment under section 70(4). Take costs advice promptly.
Yes. The Legal Ombudsman can consider poor service and costs and can direct a fee reduction or refund. Complain to the firm first. The Ombudsman route and a court assessment are different remedies with different rules and deadlines.
Section 69 of the Solicitors Act generally prevents an action to recover costs until one month after a compliant bill is delivered, although the High Court can permit earlier action in specified risk circumstances. Do not ignore a claim or payment demand.
The court assessment right belongs to the party chargeable with the bill, commonly the executor or other person who instructed the firm. A beneficiary can ask the personal representatives to examine estate costs and may be eligible to complain to the Legal Ombudsman about estate services, but should not assume they can bring the section 70 application themselves.
Section 70 contains a costs rule linked to whether the assessed bill is reduced by one fifth. Costs outcomes remain fact-sensitive and can be expensive, so obtain advice from a costs lawyer before using the court route rather than treating a 20% estimate as a guaranteed outcome.