Our clients normally go "No Win No Fee*"

Normally, if we agree to act for you in claiming your entitlement under a Will Dispute, we will offer you a No Win No Fee Plan*, which would mean:

Our No Win No Fee Plan* would give you the opportunity to commence your claim knowing that you will not need to pre-pay our legal fees, and that we will only charge you if we are successful in recovering the fees from the estate. Request a call back.

Legal Costs when Most Will Dispute claims settle at Mediation

You need to know that in this site, the term "the Award" refers to the amount you would receive from the Estate as a result of your commencing a successful Will Dispute. You might describe it as your "Settlement amount".

If the Estate makes a good enough offer and early enough, your case can be finalised and settled before it is heard by the court. As we have said, this usually happens on or after the mediation.

Usually any such offer made to you by the Estate will be an "all in" offer that represents one payment, designed to compensate you for about 60% of your Total Legal Expenses, plus an amount to pay-out your entitlement from the Estate: your "Award".

In some cases an offer will be for the Award, plus an additional amount as a contribution to cover you for say about 60% of your Total Legal Expenses, but usually not all.

These offers are rarely for the full amount, as the Estates will be told by their own lawyers that if it went to court, they would only be liable to pay about 60%.

So, in each situation, there is usually a difference between the actual legal costs and the amount that the Estate is prepared to contribute, and of course it is always less: that is why we call it a shortfall. As a result, you cannot be sure that you will recover all your legal costs, even if you win.

This means that unless you have an arrangement in place, such as Johansson Solicitors' No Win, No Fee Plan*, you would need to be prepared to pay any shortfall from your own pocket, whether you win or lose.

As a result, many people do not make a claim as they are frightened off by the risk and expense of legal fees, particularly if they need to pay their legal fees in advance.

Our No Win, No Fee Plan can reduce the risk to you. Under the Plan, we would only charge you the shortfall if we are able to cover it from your Award, so that you will never need to make up any shortfall from you own pocket. Find out if you're eligible.

What if someone's claim has little merit?

If the court found that someone's claim had little or no merit, the Claimant could be ordered to pay their own legal expenses, plus those of the Estate.

We advise our clients to only commence a claim after we make a Formal Assessment, and we decided that their claim is sufficiently strong. That way, there is only an extremely small chance that you would have the Estate's legal expenses awarded against you.

Because we make a Formal Assessment of your case to ensure that your case is strong, in all our years of experience with hundreds of cases, we have never had a case where the court has stated that our client must pay the Estate's legal expenses from their own pocket.

Next: A Will Dispute claim can deliver value to you