Contesting a Will with No Win, No Fee? Understanding the Cost-Benefit of Pursuing Your Claim

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No Win No Fee agreements, formally known as Conditional Fee Agreements (CFAs), are a powerful funding option often available for strong Will contest cases in the UK, particularly those involving claims under the Inheritance Act 1975 or challenges based on capacity or undue influence. Under this model, you pay nothing towards the solicitor’s legal fees unless your claim succeeds. This arrangement fundamentally shifts the risk from the client to the solicitor, allowing you to pursue justice without the burden of high upfront costs, making the cost-benefit analysis of pursuing your claim significantly more favourable.

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The moment you discover a Will is unfair, invalid, or leaves you financially vulnerable, a profound sense of injustice sets in. Yet, for many, that initial shock quickly gives way to a deeper anxiety: “Can I afford to fight this?”

It is a painful truth that the high perceived cost of legal action prevents countless individuals from pursuing the justice and financial security they rightly deserve. The thought of paying substantial fees upfront, only to potentially lose the case and face the opponent’s costs, is often enough to force people into silent acceptance of an injustice.

We firmly believe that financial limitations should never prevent a meritorious claim from being heard. Our mission is to dismantle the cost barrier by offering transparent, flexible, and powerful funding options that empower you to seek resolution without risking personal capital. Understanding the availability and mechanics of “No Win, No Fee” agreements is the crucial first step in evaluating the true cost-benefit of pursuing your claim.

Dismantling the Myth: You Do Not Need Thousands Upfront

The most significant misconception in contentious probate is that a claimant must possess large sums of money to engage a specialist solicitor. While historically true, modern legal practice offers robust alternatives, primarily the Conditional Fee Agreement (CFA), or “No Win, No Fee.”

What Exactly is “No Win, No Fee”?

A Conditional Fee Agreement means that your solicitor agrees to waive their professional fees (time spent) if your case is unsuccessful.

  • If You Win: You pay the solicitor their usual legal fees, plus a pre-agreed “Success Fee,” which is taken as a percentage of the compensation or benefit you receive from the estate. Crucially, in many contentious probate cases, a significant portion of your standard legal costs may be recoverable from the losing side (the estate).
  • If You Lose: You pay nothing for your solicitor’s time or fees.

This model is transformative because it shifts the financial risk from you to your legal team, demonstrating that your solicitor is confident enough in the strength of your case to invest their time and resources into achieving a successful outcome.

The Solicitor’s Assessment of No Win No Fee: The Key to Cost-Benefit

Not every case is suitable for a No Win, No Fee agreement. Since the solicitor is taking on the risk of non-payment, they must conduct a thorough, objective assessment of your case’s legal merits.

The Factors We Evaluate for CFAs:

  • Strength of Legal Grounds (Authority): Do you have strong evidence to support your claim of capacity issues, undue influence, or grounds for reasonable financial provision under the Inheritance Act 1975? A CFA is only offered if the case has a high probability of success.
  • The Six-Month Deadline (Urgency): Has the Grant of Probate been issued? If so, is there still sufficient time remaining within the non-negotiable six-month statutory window to prepare and file the claim? Urgent action is necessary for CFA viability.
  • The Value of the Estate (Financial Viability): The estate must be large enough to cover both your standard legal costs (if successful) and the Success Fee, ensuring the process is economically viable for both parties.
  • The Opponent’s Resources: Is the Executor or beneficiary you are claiming against likely to have access to funding to defend the claim, or is there a risk of protracted and costly litigation?

By providing a free initial case assessment, we give you the expert, objective opinion you need without any financial commitment, allowing you to accurately gauge the cost-benefit of proceeding.

Beyond Solicitor Fees: Managing Additional Costs

While a CFA covers your solicitor’s time, it is vital to be transparent about other necessary costs that arise during litigation:

1. Disbursements (The Non-CFA Costs)

These are out-of-pocket expenses paid to third parties, which are usually not covered by the “No Win, No Fee” agreement. They include:

  • Court issue fees (to formally file the claim).
  • Fees for obtaining medical records (crucial for capacity claims).
  • Barrister’s fees (if they are not also on a CFA).
  • Fees for expert witnesses (e.g., forensic handwriting experts, geriatric psychiatrists).

2. After The Event (ATE) Insurance (Empowerment)

ATE Insurance is a policy purchased after a dispute has arisen. It covers you against the risk of having to pay your opponent’s legal costs if you lose the case.

  • Cost-Benefit: ATE policies significantly de-risk the process. The premium for ATE insurance is usually deferred, meaning you only pay it if your case is successful (the premium is usually recovered from the estate). If you lose, the policy covers the opponent’s costs, and you don’t pay the premium.
  • Peace of Mind: This insurance provides critical peace of mind, allowing you to focus on the claim without the anxiety of a massive adverse costs order.

The True Cost-Benefit: Why Fairness is Priceless (Empathy)

When weighing the financial cost against the potential benefit, it is easy to focus only on the monetary recovery. However, the true value of pursuing a valid claim extends far beyond the final monetary settlement:

  • Securing Financial Stability: For many, a successful claim under the Inheritance Act 1975 provides the necessary funds for housing, care, or maintaining a livelihood, preventing years of anxiety and hardship.
  • Achieving Emotional Resolution: The feeling of injustice following an unfair Will can be corrosive. Pursuing a claim is an act of dignity—a way of resolving the conflict and honouring the true wishes or moral obligations of the deceased. This emotional closure is often invaluable.
  • Upholding the Law: Challenging a Will ensures that the legal grounds for testamentary capacity and due execution are upheld, protecting the integrity of the legal system. Learn more about the legal grounds here: The Emotional Toll of Contesting a Will and How to Cope: Legal Grounds and When Not to Contest a Will

Tailored Solutions: More Than Just CFAs

While CFAs are prevalent, we also explore other tailored funding solutions based on your circumstances:

  • Legal Expenses Insurance: Check your existing insurance policies (home, car, credit card) as they sometimes include “Before The Event” legal cover that might assist with initial fees.
  • Fixed Fee Options: For specific initial stages, such as lodging a Caveat or conducting a detailed pre-action letter, a fixed fee may be agreed upon to control costs.

Our expert guidance is centred on finding the most effective and least financially burdensome path forward, ensuring you remain empowered throughout the process.

For comprehensive, unbiased information regarding the various methods available to fund litigation in the UK—including Conditional Fee Agreements (CFAs) and options for accessing legal aid for other types of claims, you should consult the Citizens Advice Bureau guidance on paying for legal help.

Take the First Step with Confidence

The fear of legal costs is a powerful barrier, but it is one you do not have to face alone. The availability of “No Win, No Fee” agreements, combined with After The Event insurance, fundamentally changes the calculus of contesting a Will.

Your journey to challenging an unfair Will begins not with a bank transfer, but with a conversation. Let our experts assess your case’s strength and guide you through the flexible funding options available.

Do not let financial anxiety be the final word on injustice. Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. What happens to the “Success Fee” if the Will contest case settles early, before trial?

In the vast majority of cases, Will contests are resolved via mediation or negotiation, long before a costly trial is necessary. Your Conditional Fee Agreement (CFA) will define what constitutes ‘success,’ which typically includes a settlement reached out of court. If the case settles early, your Success Fee will still be payable, as the solicitor successfully achieved a financial benefit for you. However, because the risk to the solicitor is significantly reduced by avoiding a long trial, many CFA agreements build in a lower percentage Success Fee for early settlements versus a full trial win.

2. Is my solicitor legally required to disclose cost information to me under a CFA?

Yes, transparency is a professional and legal requirement. Under the terms of the Conditional Fee Agreement, your solicitor has a duty to provide clear and detailed information about the basis of their normal fees, the maximum percentage of the Success Fee, and an estimate of the total costs you are likely to incur. They must also clearly explain which disbursements (court fees, expert costs) are not covered by the “No Win, No Fee” element. This ensures you remain empowered with a clear understanding of the financial risks and rewards throughout the claim.

3. What is the “Executor’s Year,” and how does it affect the payment of legal costs?

The “Executor’s Year” is a common law rule that gives the Executor up to one year from the date of death to administer the estate before beneficiaries are generally entitled to payment (pecuniary legacies). While this year provides Executors with time to resolve matters, it’s also a period where they can be personally liable for mistakes, including distributing assets too early if a claim is imminent. In contentious probate, the Executor often waits until the six-month claim deadline (after the Grant of Probate is issued) has passed, or until the dispute is resolved, before final distribution. This waiting period is critical because it ensures funds remain in the estate to cover any settlement payments or court-ordered costs.

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Frequently asked questions.

Disputes over wills can arise in several circumstances, including:

  • Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.

 

  • Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.

 

  • Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.

 

  • Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.

 

Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.

As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.

Here are some examples of how these disputes can arise:

  • A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
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A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.

 

  • A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.

 

  • A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.

If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.



Types of Trusts

Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.

Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.

Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.

Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.

Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.

Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.

Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.

An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.

A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.

An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.

A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.

A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.

A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust

Inheritance trust disputes can be complex and varied, but some common scenarios include:

  • Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.

 

  • Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.

 

  • Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.

 

  • Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.

 

Here are some specific examples of inheritance trust disputes that have occurred in the UK:

  • In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.

 

  • In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.



  • In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.

 

Other possible disputes include:

  • A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.

 

  • The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.

 

  • The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.

If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.

  • The testator (the person who made the will) did not have the mental capacity to make a will.
  • The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
  • The testator was unduly influenced to make the will.
  • The will was forged or fraudulent.

 

Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about

  • The validity of the will.
  • The interpretation of the will.
  • The appointment or removal of executors.
  • The distribution of the estate assets.
  • The management of the estate.
  • In the UK, contentious probate is dealt with by the High Court.

 

The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.

Here is an example:

Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.

Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.

It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.

If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.

If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.

There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:

  • Why did you not make your claim on time?
  • The strength of your case.
  • Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
  • If the court grants you permission to make a late claim, you will need to file your claim within 28 days.

 

It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.

If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.

Here are some examples of when you might be able to make a late contentious probate claim:

  • You were not aware of the death of the deceased until after the six-month time limit had expired.
  • You were unable to make your claim on time because you were ill or incapacitated.
  • The executor has deliberately concealed information from you about the estate.
  • The executor has committed fraud in the administration of the estate.

 

The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.

The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.

If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.

Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.

If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.

Here are some of the benefits of resolving a will dispute out of court:

  • It is faster and cheaper than going to court.
  • It is less stressful for all involved.
  • It allows you to maintain relationships with other family members and beneficiaries.
  • You have more control over the outcome of the dispute.

 

There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including

  • Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
  • Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
  • Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.

 

If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.

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