Fee Policy

FAMILY PROVISION CLAIMS

Acting in a Family Provision claim for a claimant/ plaintiff

Generally, subject to viability and our assessment as to reasonable prospects of success we will act for a plaintiff in a Family Provision claim on a “no win no fee” basis subject to due diligence on the claim.

Acting for an executor or administrator defending a Family Provision claim

The executor or administrator of a deceased’s Will is entitled to an indemnity from the assets of the Estate in respect of any claim brought by a claimant for provision. The executors/ administrators legal costs and expenses are payable as a priority from the estate assets. In such claims we would expect to be paid from the assets of the Estate pursuant to the administrator’s indemnity.

OTHER CLAIMS IN WHICH WILLS ARE CONTESTED

Generally, a claim by a disappointed plaintiff/ claimant that a will was made under duress or fraud or disputes over multiple wills will not be the subject of a “no win no fee” agreement.

Defending a will

The executor or administrator of a deceased’s Will is entitled to an indemnity from the assets of the Estate in respect of any claim brought in respect of the validity of the will. The executor’s/ administrator’s legal costs and expenses are payable as a priority from the estate assets. In such claims we would expect to be paid from the assets of the estate pursuant to the executor’s/administrator’s indemnity.

Claims in which the Executor seeks a Court Ruling in respect of a will

On some occasions, the Executor /Administrator is a plaintiff who seeks a ruling from the Court as to the validity of a will or gifts in a will or seeks Judicial advice.

Again, the executor or administrator of a deceased’s Will is entitled to an indemnity from the assets of the Estate in respect of any claim brought in respect of the validity of the will. The executor’s/ administrator’s legal costs and expenses are payable as a priority from the estate assets. In such claims we would expect to be paid from the assets of the estate pursuant to the executor’s/administrator’s indemnity.