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Contesting A Will or Trust – An Alternative To No Win No Fee

Reasons to choose Wilson Browne

Contesting A Will & Contentious Probate: Funding Your Claim (or defending one).

You may find yourself challenging (or indeed defending) a claim against a Will for a number of reasons:

  • You may think the Will is not valid for a number of reasons
  • You may even be defending against a Will dispute
  • Perhaps you wish to bring a claim against an Estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (often referred to as a “failure to provide”
  • Or, you were made a promise regarding a Will or inheritance but the promise was broken.

We know that making the decision to contest a Will does not come lightly and that you may be worried about the potential costs.

Many people ask us about “no win – no fee” in relation to contesting a Will: it’s a term that people are familiar with and may superficially seem like a good option.

However, if people told you you’d potentially lose a quarter of whatever you win (in fees) it starts to look less appealing. That’s why we offer ‘deferred fees’. In simple terms this means that you only pay us when the case is over, and you only pay us what it would have normally cost – there is no inflated premium.

“But what if I lose?” you may ask. We can’t guarantee that every claim is winnable, which is why generally, we’ll only take on a deferred fee if we think we can win. In cases such as these, we have a 100% track record.

Other cases may be eligible for a fixed fee: we can guide you on your options after an initial discussion. Often, fixed fees apply to lodging caveats, standing search or drafting a Larke v Nugus request. (Typically, Larke v Nugus requests are made by disappointed beneficiaries who expected to be named in a will but are not; and in circumstances where the testator’s testamentary capacity is in question).

For more complicated matters we offer an hourly rate service. This way you only pay for the advice you received.

Wherever possible we will look to see if your legal costs can be covered by legal expenses insurance of by the Estate or the other party to the dispute.