What Does It Cost To Contest A Will?

If you have been left out of a Will or if you feel that you not been left a fair amount in comparison to others, you may want to explore the options open to you to contest it. However, you may worry that hiring a solicitor to act on your behalf will be out of reach due to the cost. There are options available so you can fund a claim against a Will or an estate.

What Funding Options Do I Have?

The first option is called a Conditional Fee Agreement or CFA. These agreements are more commonly known as a ‘No Win No Fee’ agreement which you have probably already heard of.

If you win your claim against the Will, then your legal costs will be paid by the losing party and if you lose your claim, an insurance policy which you purchase, will protect you from having to pay your own legal costs and the other party’s too.

The government has made changes to these agreements recently though. This means that you may have to contribute because not all of your legal costs are now able to be recovered from the losing party.

You may also consider a Damages Based Agreement or DBA. This works in a similar way to a CFA except that your legal costs are paid as a percentage of the award you are given from the challenge to the Will. This percentage is capped at 25%, and also takes into account the costs paid by the losing party.

The final option is to pay us by hourly rate, as a private client. Most people cannot consider this option for financial reasons. However if this is your preferred option, we will be able to negotiate a good rate with you and you will probably be able to recover most of your costs from the losing side, providing you win.

We do offer you a completely free, no obligation initial consultation so we can discuss whether you have a claim against the Will, so there is no financial risk in speaking with us.

Why Choose HH Legal?

Our experienced team of Wills and Probate solicitors can help you to be clear about where you stand legally and whether you have a good chance of success in the contest of the Will. We have helped many people like you bring a successful challenge, and we want to help you too.

We will take the time to explain the funding procedure to you so you can be clear about which option suits you best, without using any legal jargon.