When a close relative passes away and you find that their Will does not provide for you as much as you had expected you may wish to consider making a claim under the Inheritance Act 1975 for reasonable financial provision. At Armstrong Legal we are able to act for you on a ‘No Win No Fee’ basis if the case has a good chance of success.
This article looks at some of the questions that you will want to ask when you are looking for no win no fee inheritance solicitors near me.
If you succeed in your claim for reasonable financial provision then a solicitor no win no fee inheritance solicitors near me will normally charge what is known as a “success fee”. This additional amount is based on the overall costs of conducting the case, and can include disbursements such as court fees, expert fees, office costs, and barrister fees. It is usually calculated as a percentage of the overall solicitor’s fees incurred and agreed with the solicitor before commencing the work. The solicitor will then seek to recover this from the estate or, in the event of a contested hearing, from the opponent’s solicitor by way of an after the event insurance premium.
The ‘No Win No Fee’ term has become a well known and widely used phrase but it is important to remember that there is no such thing as risk free litigation. The key is to choose a solicitor who has experience and expertise in this area of law. You should also check that the solicitor is a member of the Law Society and is accredited as a specialist in Wills & Probate Law.
In the event that you are successful in your claim for reasonable financial provision then you will be awarded a sum from the estate. Typically this will include the value of all the assets in the estate, and the total value of any life assurance policies or pension funds. In some cases the Court may decide that the claimant should also be paid a contribution towards their legal costs and a success fee. The legal costs element of your award will be determined by the judge and will be set out in a Costs Judgment.
If you are unsuccessful then you will be liable for your solicitor’s costs, and the opponent’s solicitors’ costs (if they have been instructed). These can run into thousands of pounds and so, if you lose, you should only instruct solicitors who will offer you funding arrangements which can protect you against these risks, including conditional fee agreements or after the event insurance.
It is essential to contact a specialist Wills & Probate lawyer as soon as you realise that you are going to contest a Will. This will enable the specialist to advise you of the time limits which apply and ensure that your contesting claim is issued in time. The claim will need to be made before probate has finished, and the deceased’s estate must be worth at least £25,000 for you to be eligible for a no win no fee arrangement.