People often ask if they can get Legal Aid to contest a Will?’ Unfortunately, while it was once available for this type of case, Legal Aid is no longer available for contentious probate claims. However, there are a number of alternative funding options that can be used if you wish to contest a Will.
No Win No Fee
One of the most popular ways of funding a contested Will claim is with a No Win, No Fee funding agreement. Not all solicitors who deal with contentious probate law work on a No Win, No Fee basis, but we do.
If we deal with your case under a Conditional Fee Agreement (CFA) and you lose the claim, you will not have to pay us for the time we spend on your case. If we win your claim, then we will seek recovery of your legal fees and expenses from your opponent, with any shortfall being paid out of the award you receive, alongside a success fee.
Deferred Fees
Alternatively, if you are guaranteed to receive a legacy we may be able to offer a ‘deferred fee arrangement’. This method of funding means we shall work on your case and receive payment for our work when the case concludes and you receive your legacy from the estate.
Fixed Fees
We also offer fixed fee services where we take limited, specific steps for an agreed fixed fee or by setting a fee limit. This type of funding arrangement can be particularly helpful where there is insufficient evidence available to offer No Win, No Fee and further investigation is required. The investigatory steps that can be taken in this way include asking the solicitor who prepared a will to release their file, requesting a Lark v Nugus statement, obtaining the deceased’s medical records, seeking documents from a care home, and taking statements from key witnesses.
Obtain a free consultation
So, while you cannot get Legal Aid to contest a Will any longer, you will see that there are a number of alternative methods of funding your claim.
We have a team of solicitors who deal exclusively with contested wills cases. They offer a free consultation service. They will consider each claim on a case-by-case basis, and will advise you on the funding options available.
Call 0333 888 0409 or email us at [email protected]