Is no win, no fee available for contesting a will?
Unlike many firms of solicitors dealing with contested wills and probate disputes, we are happy to work on a no win, no fee basis.
The benefit to the client when we deal with a case under a no win, no fee agreement is that you don’t have to fund the legal costs upfront, and you only have to pay our fees if you win your case.
No win, no fee has become particularly popular since the government abolished legal aid for contested will claims and other contentious probate actions. For many people it is their only way of accessing the justice they deserve.
We offer no win, no fee funding for:
- contesting a will;
- making an Inheritance Act claim;
- trusts disputes;
- equitable interest and TOLATA claims; and
- Court of Protection disputes.
When we work under a Conditional Fee Agreement a success fee is charged if we win the case. This fee is calculated as a percentage of the costs incurred, rather than a percentage of the amount you ‘win’.
In general law, success fees cannot be recovered from the losing party or an estate, but in Inheritance Act claims where we are representing the claimant, we do include a claim for the success fee on our client’s behalf. This is because the success fee can be treated as a debt that the claimant owes, and therefore forms part of their “financial needs”, upon which Inheritance Act claims are based.
The whole of the success fee may not always be recoverable, and the courts may just award the claimant a part of it. However, even if it is just a contribution, it still helps people to keep more of their award. It also encourages defendants to be more cooperative, and engage in negotiation or mediation at an early stage, as they know that the longer a dispute goes on, the more they could end up paying.
Is no win, no fee available for contesting a will? To find out if your case is suitable for funding on a no win, no fee basis contact us for a free assessment. Call 0333 888 0404 or email us at [email protected]
