We are often asked, ‘Do I need Legal Aid to contest a will?’ The simple answer is that Legal Aid is no longer available for contesting wills. But the good news is that there are other funding options available.
Contesting a will in England & Wales can be a complex and costly process, so it’s important to find solicitors who offer a range of funding schemes. These are the funding options that we offer:
- Private funding: You can hire one of our expert solicitors to privately to contest a will on your behalf. We usually charge an hourly rate, but fixed fees are sometimes offered, depending on the case’s complexity. We will be happy to provide you with details of our charging rates and whether a fixed fee arrangement can be offered.
- No win, no fee agreements: While most solicitors do not offer “no win, no fee” arrangements, this is a funding option that we provide where we believe you have a strong case. We will always be happy to consider the suitability of any case for no win, no fee funding, free of charge.
- Deferred fees: Where a client is guaranteed to receive monies from an estate we are often able to defer payment of our fees until the end of the case.
- Litigation loans: In some cases, individuals take out loans to fund their legal costs, which are then repaid out of the estate if the claim is successful.
When considering your funding options it is advisable to take the following into account:
• Your opponent’s legal costs: When court action is taken, the losing party is often required to pay the legal costs of the winning party. Other costs orders can also be made, such as the estate bearing the parties legal costs.
• Mediation and negotiation: Before going to court, it’s common for parties to try mediation or settlement negotiations to resolve disputes concerning a contested will. This can significantly reduce costs and can be much quicker than court proceedings.
Free Legal Advice
Our solicitors who specialise in contentious probate and contested will disputes offer a free case assessment service. We will review the merits of your case, the potential costs involved, and the funding options available; all free of charge.