Funding options for contesting a will
Funding the legal costs for contesting wills
Going to law is never a cheap option and research indicates that many people miss out on justice simply because they cannot afford the legal fees.
We have therefore developed a range of funding options for contested will cases, the most popular of which is No Win-No Fee.
Contesting wills on a No Win, No Fee basis
We are always willing to consider No Win No Fee funding of leagl costs for contesting a will.
However, not all contested will cases are suitable for No Win-No Fee funding. This is especially true at the outset of a claim 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 case and the prospects of success appear 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, but we are always happy to review the case and consider whether it is suitable.
Sometimes further investigations will need to be carried out before we are able to make a decision. These investigations can be funded on an initial limited 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.
If we decide to take a contested will case on under a No Win-No Fee agreement then, if you win, we will charge a success fee, which is an uplift on the base legal costs.
If the case is lost then we will not charge for the time we have spent on your case.
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, or DBA. 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.
Contesting Wills on a fixed fee basis
We can undertake work on a fixed fee basis. This allows you to set a specific 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 as a precursor to dealing with a contesting wills claim on a No Win, No Fee basis.
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 opponents 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 your funding options
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.