Appointing solicitors to deal with a contested probate case can be expensive, and one of the questions that is regularly asked is, ‘Can I get legal aid for a probate claim?’ The short answer to this question is, ‘no’. Legal aid for contesting a Will was abolished in England and Wales in 2013.
However, there are other ways to fund the contesting of a Will. The most popular and most well-known way of funding a probate claim is a No Win, No Fee basis. Our contested probate team is extremely experienced in this form of legal funding and has been successfully operating No Win No Fee agreements in this area of law for almost 20 years.
What is a No Win, No Fee agreement?
Quite simply, it does what it says on the tin. If we agree to deal with your case under a No Win, No Fee Agreement, then if you lose the claim you will not have to pay us for the time we have spent on your case. If we win your claim then, where possible, we will seek to recovery your legal fees and any expenses incurred from your opponent. Our ‘success fee’ and any shortfall on the costs recovered will be paid out of the award you receive.
Our No Win, No Fee agreements allow people to bring claims in circumstances where they would not otherwise be able to afford to do so.
Deferred funding agreements
Along with No Win, No Fee agreements, we also offer deferred funding agreements. Under a deferred funding agreement we will carry out the work on your case and await (defer) payment until you receive your legacy. These agreements are only suitable for cases where you are guaranteed to receive a legacy from an estate, rather than when you are contesting the validity of the Will or bringing an Inheritance Act claim. However, we are always happy to consider deferred funding agreements on a case-by-case basis.