Funding wills & probate disputes

Challenging a Will or pursuing a probate dispute can be daunting, especially when the costs of litigation are uncertain. In certain cases, we may be able to offer a Conditional Fee Agreement (sometimes referred to as a “no win, no fee” agreement)(“CFA”).

A CFA is a written agreement that is legally binding and usually provides for our fees to be paid only if you are successful in your claim. In this event, an uplift (referred to as a success fee) will also be payable on top of your base costs.

Which types of claims?

CFA’s are not suitable for all types of claims. Generally, CFAs are only offered in claims under the Inheritance (Provision for Family and Dependants) Act 1975where you are a relative or other eligible claimant who has been left out of a Will. We may occasionally consider offering a CFA in other types of claims but in limited circumstances.

CFA’s are often not appropriate in low value claims or where the client is not likely to receive a large award.

Our Assessment Process

We will only offer a CFA’s once we have carefully assessed:

• The strength and evidence supporting your claim.

• The potential value of the estate or inheritance in dispute.

• The likely costs and risks involved.

• The availability of funding or insurance to mitigate exposure.

If we are satisfied that the prospects are strong and that the funding is suitable for the type of claim, we will proceed to undertake a risk assessment process where three senior assessors within the firm consider the risks of the claim and provide a decision.

This is usually undertaken relatively quickly, at the start of the matter, once it has been agreed that the matter is suitable for this type of funding. If the claim has merit, and there are sufficient funds in the estate, it is likely to be approved.

It’s important to note that even under a CFA you may still be liable for the other side’s legal costs if you lose, even if you are not liable for our costs. Specialist After the Event (ATE) insurance may help reduce this risk, but it is subject to availability, terms and often large premiums. This is another good reason why an initial assessment is very important.

It should also be noted that any/all disbursements incurred throughout the claim are payable by you; whether you win or lose. The usual process is that these fees must be paid by you when they are incurred by us. Counsel’s fees are included in this, unless Counsel agrees to act under a CFA as well. However, in that case, another uplift (success fee) will become due from your award if you are successful.

Any success fees incurred are not recoverable from the other side and will be payable from any award you receive.

If you think you have a claim which would be suitable for CFA, contact a member of our team today to discuss further.