Funding a contested will claim

If you would like to discuss funding a contested will claim then call our free legal helpline on 0808 139 1596 or send an email to us.

Research indicates that many people miss out on justice simply because they cannot afford the legal fees. We have therefore developed a range of options for funding a contested will claim.

Contesting wills on a no win, no fee basis

We are always willing to consider no win, no fee funding of legal costs for contesting a will. If we feel the case has good prospects of success then we will be happy to work on a no win, no fee basis.

If we deal with your contested will case on a no win, no fee basis then, if you win, we will charge a success fee. If the case is lost we will not charge for the time we have spent on your claim.

Contesting wills on a no win, no fee basis involves several options. The most common arrangement is a Conditional Fee Agreement. We can also deal with contested wills under a Damages Based Agreement. We will consider both options and advise on what will be most suitable for you.

We always endeavour to recover your legal fees, expenses and disbursements from your opponent or the estate, whichever method of funding is used.

Not all contested will cases are suitable for no win, no fee funding. This is especially true at the outset when the supporting evidence has not yet been gathered. Like any business we have to adopt a commercial view. We can only take cases on under a no win-no fee agreement where there is sufficient evidence available to support the case and the prospects of success are good.

At the beginning of a contested will claim there can often be too many unknown factors to enable us to offer no win, no fee funding from the offset. However, we  are always happy to review a case and consider whether it is suitable.

Sometimes investigations will need to be carried out before we are able to make a final decision. These investigations can be funded on an initial limited or fixed fee basis, where we work to a set budget (see below). We are always prepared to reassess a contested will case as the evidence develops and reconsider its suitability for no win, no fee funding going forward.

Contesting wills on a fixed fee basis

We can investigate a case on a fixed fee basis. This allows you to set a specified budget, safe in the knowledge that your costs liability will not exceed that figure. Although this method of funding for contesting wills is not really suited to cases where court proceedings need to be commenced it can be useful for preliminary investiagtions where you are not yet sure that there is sufficient evidence available to support your case.

Fixed fees are frequently used in this way prior to us dealing with a claim on a no win, no fee basis. We will be happy to review your case free of charge once the investigations are complete to consider whether no win, no fee can be offered.

Contesting wills on a private client basis

In addition to dealing with matters on a no win, no fee or fixed fee basis we also deal with contesting wills on a privately paying basis.

We will discuss our charges with you at the outset and arrange terms that suits your budget.

Our hourly rates vary according to the level of experience and seniority of the lawyer who is dealing with your case. A full costs estimate will be provided.

Where you are paying privately and court proceedings are required we can advise you on taking out Legal Expenses Insurance to cover any potential liability for your opponent’s legal fees.

Contesting wills on a deferred fees basis

In certain situations we can offer our contesting wills service to you on a deferred fee basis, which means that you can pay at the end of the case.

Helping you with funding a contested will claim

If you are contesting a will and would like us to review your funding options then send us an email with details of your case or give us a call on 0808 139 1596.