Can I Contest a Will on a No Win No Fee Basis – and What Does It Involve?
People are understandably worried about the cost of contesting a will. These legal disputes can be complex, emotionally draining, and expensive.
Most solicitors require clients to fund the legal costs of a will dispute themselves. However, we have pioneered the use of no win no fee agreements for contested will cases.
We are happy to consider whether a case is eligible for no win no fee funding and make no charge for carrying out a review.
We will carefully assess your case, and consider:
- the strength of the claim
- the likely value of the estate
- the evidence available to support your case
- the likely legal costs and risks
If we conclude that your case has good prospects of success and is commercially viable, it is likely that we will invite you to enter into a Conditional Fee Agreement.
What is a Conditional Fee Agreement?
Where we agree to work on a no win no fee basis, we will enter into a Conditional Fee Agreement with you. This agreement is usually referred to as a CFA.
A CFA regulates the relationship between the solicitor and the client regarding the legal costs of the case.
The underlying principle of a CFA is that if your claim is unsuccessful, you do not pay our legal fees, subject to the terms of the agreement.
What types of contested will claims can be funded on a no win no fee basis?
We may be able to offer no win no fee funding for:
- contesting the validity of a will because of lack of testamentary capacity
- contesting the validity of a will because of undue influence
- contesting the validity of a will because of fraud or forgery
- contesting the validity of a will because of lack of knowledge and approval
- claims based on promises made before death (proprietary estoppel claims)
- claims under the Inheritance (Provision for Family and Dependants) Act 1975
Who pays the legal costs if I contest a will on a no win no fee basis and win my claim?
If you win your case, we would usually seek recovery of your legal costs from your opponent or the deceased’s estate; depending on the facts of the case.
Ultimately, the recovery of legal costs is at the discretion of the court. But where settlements are reached between the parties without the involvement of the court, then payment of costs often forms part of the negotiations.
If there is a shortfall between:
- the legal costs recovered from the other side, and
- the total costs payable under the CFA
Then that shortfall is deducted from your award.
What is the success fee?
If your claim succeeds, we charge a success fee in addition to our basic legal costs.
The success fee reflects the risk we take in acting on a no win no fee basis and running the risk of not being paid for the work we do. It is assessed at the outset of the case following a detailed risk assessment of the evidence available.
The success fee is calculated according to our basic charges as a percentage uplift. In most dispute will cases the uplift will be in the region of 40% to 80% of our charges.
It is important to appreciate that it is NOT a percentage of the award you receive.
So, for example, if we succeed on a case where the costs are £20,000, the success fee uplift is 50% and you are awarded £100,000, then the success fee is calculated at 50% of £20,000; which is £10,000.
Do I need ‘After the Event’ (ATE) insurance?
ATE is not required in all cases, but it is often advisable where you are commencing formal court proceedings and have assets you wish to protect against an adverse costs order being made against you.
ATE insurance offers protection where:
- your claim is unsuccessful, and
- the court orders you to pay some of the other side’s costs
We can assist you in applying for ATE cover.
Premiums are usually deferred until the end of the case, and many policies are “self-insured”, meaning the premium is only payable if you win
ATE premiums are commonly staged, meaning they increase as the case progresses towards trial.
What disbursements (expenses) will I have to pay?
Disbursements are expenses incurred during a legal action, such as:
- barristers’ fees
- court fees
- expert medical or handwriting evidence
In some cases, we may fund disbursements on your behalf. In others, modest payments may be required upfront.
Where possible, we aim to instruct a barrister on a no win no fee basis.
You may also qualify for exemptions or reductions in court fees depending on your financial circumstances.
What happens if the claim is discontinued?
If we stop acting because:
- we believe the claim is no longer likely to succeed, or
- the costs outweigh the likely benefit of continuing
Then you will not usually be required to pay our fees. That is part of the risk we accept under the CFA.
However, if you choose to discontinue the claim against our advice — for example, where we believe you still have good prospects of success — you may become liable for our basic charges incurred to that point.
Why use specialist no win no fee inheritance dispute solicitors?
Contesting a will can involve complex legal and evidential issues. It is important to seek advice from solicitors who are not only experts in contentious probate and inheritance disputes, but are also experienced in working on a no win, no fee basis.
Why you can trust us to handle your case
- Our solicitors are regulated by the Solicitors Regulation Authority and governed by the SRA Code of Conduct.
- Our team specialises exclusively in contested wills and probate disputes.
- We have a proven track record of success.
- The Law Society has awarded us Lexcel accreditation for excellence in client care.
- We represent clients throughout England and Wales and also assist clients based overseas.
- Our contentious trusts and probate solicitors are recommended by the Legal 500, the independent guide to leading UK law firms.
- We have a 5-star rating on ReviewSolicitors, with more than 1,800 independent client reviews.
- Members of our team belong to ACTAPS, the Association of Contentious Trusts and Probate Specialists.
Contact us for a free review
We offer a free 30 minute initial consultation. A member of our contested wills team will carry out a review of:
- the merits of your claim
- the likely costs risks
- available funding options
- whether your case is suitable for no win no fee representation
