If you are considering contesting a will, you may be concerned about the cost of the claim. However, many inheritance dispute cases are suited to no win no fee funding. This is where the solicitors will only be paid if they successfully overturn the will and you receive your inheritance.
It is important to understand how no win no fee will Contesting A Will No Win No Fee works and how it differs from other legal funding arrangements such as a Damage Based Agreement (DBA). The ‘fee’ in No Win, No Fee will usually refers to the lawyer’s professional charges. In the case of a successful claim, the compensation you receive will cover these fees as well as any disbursements such as court fees, experts’ fees, office costs and barrister fees.
During the initial free consultation, a Keystone will and trust dispute attorney will review your case details with you to assess the chances of success. If your case is considered suitable for no win no fee funding, the solicitor will create a conditional fee agreement with you. This will set out the terms and conditions under which they will act on your behalf and confirm that there is a strong chance of winning your case.
Inheritance dispute cases are usually contested by the surviving spouse or children of a deceased person, their relatives and sometimes creditors who are owed money. These claims are usually filed in a probate court. However, the rules in this regard vary from state to state. It is also important to know that approximately 50% of cases that are initiated settle before proceedings are issued and only around 2% go through to a final trial.
If your claim is unsuccessful, you may be responsible for the opponent’s costs which are covered by the person who made the will or those who are interested in what remains of the estate. If you are awarded compensation, the solicitor will take a percentage of the sum to cover their fees and any other expenses incurred in pursuing your claim.
In rare instances, a solicitor will agree to act on your behalf under a no win no fee or damages based agreement without charging you any legal fees in the event of a loss. However, they will usually only consider doing this if the case has real merit and there is evidence to support your claim.
When you choose a firm of lawyers to work with on a no win no fee basis, it is essential to make sure that they are regulated by the law society in your state and are fully insured. This ensures that the lawyers are working on your claim with a genuine sense of responsibility and that they will keep you updated throughout the process. It is also worth ensuring that the lawyers you choose have a good track record of successful no win no fee claims. They should be prepared to work hard to achieve a result and will not give up in the face of a difficult situation.