Inheritance & Will Disputes – Costs
What are the likely costs to bring a claim and how can I pay for the solicitor’s services?
A Will is often seen as a person’s final wishes but these final wishes are often a cause for dispute and may be contested. Wills can be contested for several reasons, such as lack of capacity, undue influence and fraud. Where no Will exists, then the Intestacy rules apply which results in the Deceased's estate passing under the specific rules as to who is to inherit.
Where the Will or the Intestacy Rules fail to make provision for a certain individual, a claim may be brought under the Inheritance (Provision for Family and Dependants) Act 1975 for provision from the estate. In these complex situations, it is best to seek specialist legal advice on the options available to you.
The details of each claim are usually highly individual, not only based on the background facts and reason for contesting the Will but also based on the nature of the estate, personal circumstances of those claiming, family dynamics and the number of parties involved.
It is because of the uniqueness of each claim it is not possible to provide a single fixed cost for contesting a Will or bringing an Inheritance Act claim, however, we do offer the following options:
Step 1 - Free Initial Consultation
We offer a free initial consultation either at a meeting or by telephone. This is where we will speak to you to gather the initial information regarding your situation, offer some general advice to you and discuss further options and costs.
Step 2 – Further information gathering and Initial Legal opinion
Following the free initial consultation, it is likely that further investigation and detailed information gathering is required. We offer a fixed fee option to cover this stage and assess your situation from a legal standpoint.
Within the Fixed Fee we will:-
- Obtain detailed information to get a fuller picture of the situation. Where required, this will include obtaining a copy of the Grant which is the authority for the estate to be administered, a copy of the will and investigation of the estate value, including ownership and values of any property within the deceased's estate.
- Where a Grant has not yet been obtained and in the appropriate circumstances, we will enter a Caveat with the Probate Registry to stop a Grant being obtained and to prevent the estate being distributed.
- You will receive legal advice from a specialist Inheritance and Will Disputes Solicitor on the strength of your claim, the options available to you and advice on next steps.
- If appropriate within this fixed fee, we will also send a letter to the Executors stating your legal position in respect of a claim.
Step 3 – Full Costs and Funding options, including No Win, No Fee
Once step 2 is complete, we will be in a position to advise you on the likely total costs of your claim and how it can be funded including whether the claim could be funded on a No Win, No Fee basis or a deferred basis.
If we can offer a No-Win-No-Fee option, on the successful conclusion of your case, we will require payment. A success fee will also be payable upon conclusion of the case. If you are unsuccessful you will not incur our fees but may be liable to pay some or all of the other side’s legal costs.
We will always be clear with you regarding your case and would be clear with you if we did not believe your case would have prospects of success. All cases are handled as efficiently as possible in an attempt to obtain the fastest resolution and prevent unnecessary costs.
Talk to us about your Inheritance problem
Our specialist Solicitors in our Inheritance and Will Disputes Department are available to have a free initial, no obligation conversation. Contact us about your case on 0161 785 3500.