Essential Facts to Be Clear About When Asking Us to Consider a No Win No Fee Arrangement
CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – ESSENTIAL FACTS TO BE CLEAR ABOUT WHEN ASKING US TO CONSIDER A NO WIN NO FEE ARRANGEMENT
What sort of Will dispute or Will contest claims might we deal with under a no win no fee arrangement
We previously discussed the sort of claims we were likely to take on under a no win no fee arrangement in a previous blog (below):
What essential facts are there which might also help us to determine whether a Will contest, Will dispute or inheritance claim is suitable for a no win no fee arrangement?
There are a number but here is a summary together with our explanation (as applicable):
- A solvent estate
There is really no point in fighting over a very small or heavily indebted estate. The reason is usually obvious to most but some of our potential clients are very principled and rightly so and want to uphold those principles or right perceived wrongs. The estate is highly likely to provide the funds to pay our costs if we win. Whilst costs can be recovered from a losing party at trial, it is very rarely the case that this type of dispute will end up at a trial and in fact parties to these Will claims and Will contest disputes are positively encouraged to participate in alternative dispute resolution to avoid a trial. See for instance our previous blog on this below:
- An interest in the outcome of your Will dispute or Will contest claim
You really need to have a financial interest in the outcome of your Will dispute or Will contest or inheritance dispute claim to be able to bring it. One obvious example is this. You want to dispute the legal validity of your father’s Will following his recent remarriage to your (now) stepmum because she is inheriting the entirety of his estate which is worth about £270,000. You know there is a previous Will which he made before marrying your stepmum under which the entirety of his estate was left to you. Unfortunately, you will have no interest in the outcome of this dispute. How so you might ask? Well the marriage automatically revoked all of your father’s previous Wills given section 18 of the Wills Act 1837:
Moreover, on intestacy his wife will inherit the entirety of his estate. Whilst then you are confident the new Will was forged, you cannot pursue this claim.
- The chances of you winning your case are not too remote
Again, whilst it might seem obvious to say so, we are unlikely to take on your Will contest or Will dispute claim unless we are confident of winning it. This doesn’t mean we expect you to produce infallible evidence from a particular witness or strong medical evidence or indeed any evidence or paperwork at all when we speak to you (since we expect to have to get that ourselves following instruction). What we do expect to see are the potential bones of what might be a winnable case; we would put the flesh on those bones for you. So for example, what we are looking for is essentially the following:
• Honesty and a willingness to answer what might seem to be overly forensic questions when you first contact us
• A reasonable sized estate as mentioned above
• A possible (you don’t have to be absolutely sure) interest in the outcome of the claim (as mentioned above)
• In cases where lack of (mental) capacity is mentioned as a possible ground, the identification of circumstances which might point to this as a distinct possibility
• In cases where undue influence is mentioned as a possible ground, the identification of possible evidence of this beyond your own assumption based on your disinheritance
• In relation to claims of proprietary estoppel and/or constructive trust in relation to certain property, some acknowledgement of the likely existence of independent evidence or documentation to support the claim
• In financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975, details of your likely financial needs and a willingness to provide your health and financial records to us for forensic scrutiny.
If you consider any of these facts and matters are of interest, 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 and/or visit us at www.willclaim.com.
We provide details about our no win no fee arrangements at https://www.willclaim.com/nowin-no-fee/