Funding a contentious probate case on a No Win, No Fee basis — Your questions answered.
Is it a CFA or DBA?
CFAs (Conditional Fee Agreements) are the common No Win, No Fee method of funding a contentious probate case, and offer the most flexibility.
DBAs (Damages Based Agreements) are not allowed for probate claims or any claim with a non-monetary outcome following the decision in Reeves v Frain [2025] EWHC 185 (SCCO). We will consider a DBA where in other cases, where possible.
What’s the success fee % and is it capped?
Our success fees are assessed at the outset of your contentious probate claim and will be based on a thorough risk assessment undertaken by us. This will set the success fee at anything between 0% to 100%. Most CFA cases typically attract success fee of 40 to 80%.
Our success fees are not capped.
If I win, do I pay any shortfall beyond recovered costs?
Yes, although most ‘out of court’ settlements are based on a global sum. This means one sum which incorporates your settlement and legal costs. We will discuss this with you in advance of any settlement.
Is ATE insurance required? What’s the premium and when payable?
If you have assets which you need to protect from a costs order, you should consider applying for ATE (After the Event) insurance before you issue court proceedings. We can assist you with your ATE insurance application. The application will be subject to a minimum claim value and will require prospects of success to be at least 60% in your favour.
The premiums are often deferred (payable at the conclusion of the case), self-insured (you only pay if you win) and staged. The premiums increase the closer your case gets to trial.
What disbursements must I pay upfront (counsel/experts/court fees)?
For some cases, we will fund your disbursements for you. In others, there are modest disbursements which are required upfront.
Where we are acting on a No Win, No Fee basis, our aim would be to retain counsel (barrister) on a No Win, No Fee basis too.
You may be eligible for exemptions from court fees.
Expert fees are payable in certain cases, and we have several medical agencies who we work with that provide different funding options.
If I stop my probate case, or you stop it, what do I owe under the termination clause?
If we stop acting because we do no longer think your case has good prospects of winning or the costs of pursuing your claim outweigh the benefits, you do not need to pay us. That is a risk which we take at the outset of the case.
If you decide to stop your claim against our advice (i.e. when we think you have a good chance of winning and are happy to carry on) you will be liable for our basic charges incurred to date.
Contact us for a free consultation about funding your contentious probate case on a No Win, No Fee basis
Our team of Legal 500 recommended contentious probate lawyers will be happy to answer any further questions you might have about funding a contentious probate case on a No Win, No Fee basis.
