We understand you may be worried about cost when contesting a Will. We know this is a stressful time, and we will always be clear with you from the start about what costs we think your case will involve.
We have a number of different funding options, and when you get in touch with us we’ll talk you through these, so you can always be sure you’re working with the option that’s right for you.
We can offer advice on the best funding options for you. Call the team today on 0345 604 4895 or fill out our enquiry form and we’ll call you back.
How Much Does It Cost To Contest A Will?
The cost of contesting a Will varies from case to case, depending on how long it takes, how cooperative the other party is, and whether or not you have to go to court.
We will always explore solutions to help bring the dispute to an end quickly, without the need for court proceedings. We encourage parties to use mediation and other forms of dispute resolution to reach a settlement.
If the dispute has to go to court, the costs will be higher, especially if your claim goes all the way to a contested trial. However, most disputes are settled out of court and we’ll do everything we can to make sure this is the case.
We’ll give you clear advice from the start about the likely costs, and we’ll keep you updated at every stage so you know what’s going on.
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What Costs Are Involved?
There are a number of different costs that might be involved when you contest a Will. These could include:
- Solicitor fees
- Disbursements (such as the cost of copy medical records, Land Registry fees)
- Barrister’s fees
- Court fees
- Fees for a medical expert or handwriting expert.
The exact costs will depend on the details of your individual case, and how the other party responds. If they are cooperative, it may be possible to resolve the dispute quickly and cost-effectively out of court. However, if they’re unwilling to negotiate, costs can rise – especially if we have to start court proceedings.
At every stage we’ll try to settle the dispute quickly and efficiently. Most cases will settle out of court, but if your case does need to go to court, we have the expertise to support you every step of the way.
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What Are The Funding Options?
We offer a variety of funding options, depending on your case. These include:
- Legal Expenses Insurance (often included in home insurance policies)
- No Win No Fee
- Payment on Conclusion
- Private funding
- Litigation loans and third party funding.
We can advise at the start about the best funding arrangement for you.
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Do You Offer No Win No Fee?
Yes, in some cases we can take on a case with a No Win No Fee agreement (also called a Conditional Fee Agreement). We’ll discuss whether this is an option when you first talk to us.
It may be that we need to do some initial investigations into the dispute to determine whether No Win No Fee is suitable for your case. If so, we’ll ask for some money upfront for this – to secure medical records, documentation, etc.
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When Do I Have To Pay?
When you need to pay depends on the type of funding arrangement you have. If your case is privately funded, we’ll send you an invoice for our fees every month. In some cases we may be able to offer a Payment on Conclusion agreement, which means you won’t have to pay until the end.
If your case is funded with a No Win No Fee or a Discounted Conditional Fee Agreement, we won’t take payment until the dispute is settled in your favour. Our fees will come out of your entitlement from the estate, which would usually include the other party paying for some legal costs. If you’re unsuccessful, we won’t charge a fee.
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What If My Case Is Unsuccessful?
If we’ve taken on your case with a No Win No Fee agreement, you won’t have to pay anything for our fees if your case is unsuccessful.
However, for all other funding arrangements you will still need to pay legal fees. If your case has gone to court and not been successful, you may also have to pay some of the other party’s legal costs.
We’ll be absolutely clear with you from the start about any potential complications we think might come up with your case, and we’ll only go ahead if we think you have a good chance of winning. For all cases we’ll do everything we can to resolve the dispute efficiently out of court.
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