LEGAL GUIDE · ENGLAND & WALES
One of the first questions people ask when they contact us about an Inheritance Act claim is: ‘How much is this going to cost me?’ At NJS Law, we believe that access to justice should not depend on your ability to pay legal fees upfront. For eligible Inheritance Act claims, we offer a no win no fee service — formally known as a Conditional Fee Agreement (CFA). This article explains exactly how that works.
A Conditional Fee Agreement is a legally regulated contract between you and your solicitor. If your claim is unsuccessful, you pay nothing for your solicitor’s legal work. If your claim succeeds, your solicitor receives their standard fees plus a success fee — a percentage uplift agreed at the outset, capped by law at 100% of base fees (in practice typically much lower). The success fee will be explained to you before you sign anything.
Before NJS Law can offer a CFA, we assess: your category eligibility; the estate value and whether a meaningful award is realistic; the quality of evidence; and overall prospects of success. We will give you an honest answer at your free initial consultation.
In contested inheritance matters, we almost always recommend After-the-Event insurance. However, this usually means a bespoke policy that commences once proceedings have bee issued. ATE covers: adverse costs orders (if you lose and the court orders you to pay the other side’s costs, the ATE insurer covers that); and own disbursements such as court fees, barristers’ fees and expert reports if the case is unsuccessful. ATE premiums are deferred — payable only on success — and the court can often be asked to order the other side to contribute to the premium.
Before you commit to a CFA, we will give you a worked illustration of the likely net outcome in different scenarios — what you would receive if costs came from the estate and what you would receive if they did not. We will never leave you with a bill you did not anticipate.
If your case does not qualify for a CFA — for example because the estate is very modest or because the prospects of success are limited — we will discuss: hourly rate billing; fixed-fee initial advice for a defined scope of work; or staged funding with fixed fees at each stage, allowing you to decide at each point whether to continue.
NJS Law’s specialist contentious probate team has extensive experience in Inheritance Act claims of all sizes. Rated 4.8/5 on Trustpilot, our clients consistently highlight the clarity of our costs advice and the honesty of our assessment of prospects.
📞0800 6525 656
📧probate@njslaw.co.uk
No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors
No. With NJS Law’s no win no fee agreement, there are no upfront legal fees. Your initial consultation is completely free. Legal fees only become payable if your claim succeeds.
The success fee is a percentage of your solicitor’s base fees, agreed in advance and capped by law at 100% of base fees. In practice it is typically much lower, the overall cap being 30%. We explain the exact percentage before you sign anything.
Under the CFA, you owe nothing to NJS Law for our fees. After-the-Event insurance can also protect you against any order to pay the other side’s costs.
Possibly, but your existing CFA may give your current solicitors rights to fees if the case ultimately succeeds. NJS Law can review your current arrangement before you make any change.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.
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