CONTESTING A WILL UNDER A NO WIN NO FEE ARRANGEMENT – WHICH WILL DISPUTE CASES ARE WE MOST LIKELY TO WIN
1. DO YOU WORK ON EVERY SINGLE WILL DISPUTE CASE WHICH IS REFERRED TO YOU?
We will only work on a will dispute and will contest case where we think we can win it. This means that the no win no fee arrangement in will dispute and will contest claims operates as a natural filter to ensure that our clients do not waste time in dealing with a contest over a will or estate, where there is no or little chance of success.
2. BUT HOW CAN YOU BE CERTAIN THAT YOU CAN WIN A WILL DISPUTE AND WILL CONTEST CLAIM AND WHEN?
The simple truth is that when a potential client approaches us with a dispute about a will and/or estate, we don’t know whether we can win the consequent will dispute and will contest claim, since we are not able to test the facts and the potential client is unlikely to have the significant paperwork. We are completely reliant on what the client tells us, although it is possible for us to supplement the information that they provide about the will dispute and will contest claim they are involved in with some research of our own. For instance, we (and indeed anyone) can carry out the following searches:
1. “Google” in relation to the addresses of relevant properties and other matters;
2. The government search facility for probate records (to obtain copies of the Grant and Will) (https://www.gov.uk/search-will-probate);
3. The Land Registry to determine who owns a property and when it was sold (https://www.gov.uk/search-property-information-land-registry).
These often reveal telling amounts of information about key facts in the will dispute and will contest claims.
Ultimately, if our client or potential client exaggerates key facts concerning the will dispute and will contest claims, then it is likely that our judgment about whether it can be won will be adversely affected and the will claim is likely to fail as a result. Unfortunately this can happen, in particular where the individual concerned has learned from earlier failed enquiries with competitors, which facts are helpful and which are not. Unfortunately, it will not assist in determining the eventual outcome as the most important filter of flawed or exaggerated claims is the claims process itself and in particular the opposition or potential defendants.
It follows that when we decide to take on a will claim, will dispute and/or will contest claim, we don’t have all of the necessary information at hand to be certain of a win. Clearly there will have been enough relevant material to confirm the will contest claim can be won. However, it will become clear within a matter of months at the most, whether a win is likely
to be certain. It follows there will be a number which we decide cannot be won at which point the claim is stopped.
3. SO WHAT FACTS AND/OR OTHER MATTERS ARE LIKELY TO PERSUADE YOU TO TAKE ON A WILL DISPUTE/WILL CONTEST CLAIM UNDER A NO WIN NO FEE ARRANGEMENT?
What follows is a very general list of facts and matters which might persuade us that a particular will contest and will dispute claim is likely to be won:
• We are being told the truth about the will dispute claim (we trust the client!)
• There is real value in the will dispute claim (we cannot survive otherwise regardless of your views of the merits of Solicitors earning money) so the estate has to have a reasonable value
• In a will claim where the key contention is that the will is not legally valid there is likely to be supporting and weighty independent evidence (for instance the evidence from medical records and/or of treating doctors that an individual had Alzheimer’s or Dementia of sufficient severity at the time the will was made). Self-serving evidence from our client and/or his or her acquaintances is unlikely to be helpful unless it points us to possible independent evidence from elsewhere
• A case where there is large degree of discretion (leeway) in the hands of the Court as to the outcome (for instance, a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (https://www.legislation.gov.uk/ukpga/1975/63)
Why? Quite simply because this creates a considerable degree of risk (for each side), it is more likely to be possible to achieve a settlement
• The potential client to the will dispute and will contest case has nothing to lose as well (because he or she has no assets) and is determined to pursue the claim because this will mean it is more likely to be possible to achieve a settlement (your opponent in this case could be faced with ever increasing costs and associated risks which are never likely to be recoverable). However this does not mean we won’t work for someone who has assets! Every case has elements which are positive and negative; we have to form a view on the balance of the facts before us, so please don’t be put off approaching us with your enquiry!
If you consider that any of these facts and matters are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat.