Nothing to Pay: Nothing to Lose: All to Gain
For a free initial conversation call
0800 29 800 29
Important Information About Our “No Win No Fee*” Service
Please be aware that:
“No Win No Fee*” is subject to case acceptance by the solicitor before it applies.
Some initial work or costs may be payable if the case is not accepted on that basis.
Clients must agree to formal terms before those protections apply. For full details, please see our Terms and Conditions.
Understanding the Costs of a Claim
When you decide to pursue a will or inheritance dispute, it is important to understand the potential costs involved. These typically include:
- Legal Fees: The fees charged by your solicitor for their time and expertise.
- Disbursements: Costs related to your case, such as court fees, expert reports, or barristers’ fees.
- Opponent’s Legal Fees: If your claim is unsuccessful, you may be ordered to pay the other side’s legal costs.
Contest A Will Today does not provide legal services or funding. The information below is for guidance only, to help you understand the options that may be available to you when you speak with an independent solicitor.
Funding Options Your Solicitor May Offer:
Solicitors on our panel are independent and offer a range of funding options. The suitability of each option depends on the specifics of your case. These options may include:
- Private Funding: You pay the solicitor for their work on an hourly basis as the case progresses.
- Legal Expense Insurance: You may have an existing insurance policy (often attached to home or car insurance) that covers legal fees. It is always worth checking if you have this ‘Before the Event’ (BTE) insurance.
- ‘No Win No Fee*’ Agreements: This is a popular option for many clients.
What is a ‘No Win No Fee*‘ Agreement?
A ‘No Win, No Fee’ agreement, also known as a Conditional Fee Agreement (CFA), is an arrangement between you and your solicitor. It means that if your claim is unsuccessful, you will not have to pay your solicitor’s legal fees.
- If you win: You will receive compensation. Your solicitor will then be paid their basic charges plus a ‘success fee’ from your compensation. The success fee is a percentage agreed upon at the start and compensates the solicitor for the risk of not being paid if the case was lost.
- If you lose: You do not pay your solicitor’s fees. However, you may still be liable for your disbursements and the opponent’s legal costs.
Protecting Against Costs When You Lose
To protect you from having to pay the other side’s costs if you lose, your solicitor may advise taking out an ‘After the Event’ (ATE) insurance policy. This policy covers the opponent’s legal fees and your disbursements. The premium for this policy is often deferred, meaning you only pay it if you win your case.
Key Points to Discuss with Your Solicitor
When you speak with a solicitor, you should ask them to explain:
- If they can offer you a ‘No Win No Fee*‘ agreement.
- The exact percentage of the success fee.
- The cost of an ATE insurance premium and when it would be payable.
- Any other potential costs or disbursements you should be aware of.
Disclaimer:
Contest A Will Today is not a party to any funding agreement. The contract for legal services and funding is exclusively between you and the independent law firm you choose to instruct. This information is for general guidance only.
For a free initial conversation call
0800 29 800 29
Frequently asked questions.
Can A Will Be Contested?
Yes, a will can be contested if there are valid legal grounds to challenge its validity.
What are the different Types of Trusts?
There are several types of trusts used in estate planning, each serving a different purpose depending on your goals.
What are Examples of Inheritance Trust disputes?
Breach of Trust: Mismanagement of assets by the trustee.
Trustee Removal: Conflicts leading to the removal of a trustee.
Interpretation: Disagreements over the trust’s legal wording.
Undue Influence: Pressure on the creator to change trust terms.
Financial Claims: Beneficiaries claiming they haven’t received their fair share.
What’s the difference between contesting a will and contentious probate?
Contesting a Will:
This specifically refers to challenging the validity of the will itself.
Common grounds include claims that the deceased lacked mental capacity, the will was forged, or they were under “undue influence” when signing it.
Contentious Probate:
This is a broader term that covers any dispute arising after someone’s death during the administration of the estate.
Do I have to go to court to contest the probate?
No, you do not always have to go to court. Most probate disputes are resolved through:
Mediation: A professional mediator helps both sides reach an agreement without a judge.
Negotiation: Solicitors from both sides negotiate a fair settlement privately.
Settlement Agreements: A legal contract is signed to end the dispute outside of court.
Court as a Last Resort: Litigation is only used if all other attempts to settle fail.
