Is defending a contested will on a no win no fee basis possible?
If you are interested in defending a contested will on a no win no fee basis then call us for a free case assessment or drop us an email.
If you want to defend a contested will but are worried about how you would fund the legal fees, then no win no fee might be the perfect funding solution for you.
Although no win no fee funding is usually associated with bringing a claim, it can be used to defend a contested will.
No win no fee funding is attractive to defendants who:
- don’t have the money to pay legal fees;
- would prefer not to use their own money to pay legal costs upfront; or
- simply don’t want to take the financial risk of losing a legal battle.
When we defend a contested will on a no win no fee basis we must establish at the outset what a ‘win’ would be. In some cases the contested will claim can fail absolutely and in these circumstances it will be very clear that the defendant was ‘won. However, many contested will claims are concluded by way of a negotiated, out of court settlement. Such a settlement might involve the claimant walking away with a much lower payment than they would have received if the contested will claim had not been defended. Depending on the outcome, this too might reasonably be regarded as a ‘success’ for the defendant and therefore meet the definition of a ‘win’.
Every case is different of course, so if you are interested in defending a contested will claim on a no win no fee basis then we will be happy to talk things through with you and identify what a ‘win’ would be in your own particular case.
If the definition of a ‘win’ is met then you will be responsible for paying the legal fees, together with a success fee. These fees can normally be met from the funds in the estate that become available for distribution to you as a beneficiary under the will following resolution of the dispute. If however the case in not ‘won’ then you will not have to pay us for the work we have carried out in defending the claim.
So, if you would like to talk to us about defending a contested will on a no win no fee basis then get in touch with us by phone or email.