Contesting a will on a no win - no fee basis
Funding legal costs for a will dispute can be a real headache and many people lose out simply because they are unable to afford lawyer's fees. One solution to this dilema is contesting a will on a no win, no fee basis. This is how it works:
Many solicitors are not very keen on contesting a will on a no win - no fee basis. This is generally because will disputes are considered 'too risky' by most solicitors.
However, because we are specialists in these cases we have faith in our experience and trust our judgment. We have therefore developed a funding scheme for contesting a will on a no win - no fee basis.
If you would like us to review your case without charge to consider whether it is suitable for no win - no fee funding then just give us a call or email details of your case to us.
Not all contested will cases are immediately suitable for no win - no fee of course. Like any business, we have to take a commercial view. We can only offer no win - no fee funding where we believe that the prospects of winning the case (and recovering legal costs from your opponent) are good. Sometimes it is clear from the outset that a case has legal merit. In other situations the position might not be quite so clear and the merits of the case need to be investigated before no win - no fee can be offered.
We may be able to carry out that investigatory work for a fixed fee. The investigations will vary from case to case, but might include:
- obtaining the deceased's medical records;
- talking to people who witnessed the will;
- requesting a copy of a solicitor's will preparation files; or
- obtaining a Larke -v- Nugus statement from the lawyer who drafted the will.
Once those preliminary investigations have been carried out we will be in a better position to make an informed decision on no win - no fee funding.
We are always happy to reassess a contested will case once the evidence has developed and reconsider its suitability for no win - no fee funding going forward.
When contesting a will on a no win - no fee basis under a Conditional Fee Agreement then we do not take a percentage or “cut” of any money you recover from your claim. Instead, we charge what is known as a 'success fee'. This is an uplift on the base legal fees, calculated on a percentage basis. So if your legal costs were £5,000 for example and the success fee uplift was 50% then the success fee would be £2,500, regardless of how much money you recovered.
It is always worth checking to see if you have legal expenses insurance that would cover a contested will claim. I
If you would like us to consider contesting a will on a no win - no fee basis then call us on 0808 139 1596 or send an email with details of your case to us at firstname.lastname@example.org and we will provide you with a free case assessment and guidance on whether no win - no fee funding is likely to be available.