The death of a loved one is often an emotionally stressful time, especially if they were not properly provided for in their Will. Contesting a Will on a no win no fee basis can be an option in these circumstances to ensure that you are not left out of any inheritance and that the deceased’s wishes are respected. If you think that there may have been a mistake in the will, or that the formalities of the Wills Act 1837 were not satisfied then you should speak to an experienced no win no fee inheritance solicitor.
Inheritance disputes can be expensive, however many lawyers are willing to take on these claims as they have a high chance of success. If you are successful then the solicitor will get paid a percentage of the compensation awarded to you. This will include any special damages and costs.
You should be clear on the type of damages you are entitled to claim before you agree a no win no fee agreement with your lawyer. For example, you may be able to claim for general damages to cover your injuries, and special damages to compensate you for losses such as financial difficulties (e.g. missed mortgage payments).
Whether you’re making a no win no fee claim for a will dispute or medical negligence, it is important to remember that the solicitor still wants to be paid! They will be upfront about their charges and give you lots of advice to help determine if your case is likely to succeed.
It is important to note that no win no fee agreements are referred to by no win no fee inheritance solicitors near me as “contingency fees”. This type of arrangement was most commonly used in litigation involving personal injury, but can also be offered for some inheritance disputes. It is a form of legal funding which means that you only pay your solicitors if they win your case. In addition, if they do not win your case then they will be required to pay the assessed costs of their opponent(s).
While the aim of no win no fee claims is to make it easier for people to access justice, these arrangements are not without their risks. For this reason, it is important to read all documents carefully before signing them. You can also ask your solicitor to explain the terms of the contract to you in person.
Depending on the nature of your case it is possible that the judge will review a no win no fee contract and set it aside. This is only in very rare instances, however.
Inheritance disputes are complex and difficult. Therefore, the decision of a judge should always be considered carefully before proceeding with any claim. However, the court’s decision should be based on the evidence presented in the case and should not be influenced by the fact that the claimant is not paying any legal fees or expenses.