The team at Dispute a Will strive to offer clarity and are transparent regarding the charges for our service.
Dispute a Will do not charge to process your enquiry.This means that by making an enquiry you will know:
Free of Charge whether, on the basis of the information that you have provided to us, we consider that you have a claim and if it is a claim that we are prepared to advise in connection with. If Dispute a Will consider that you have a claim, there is no obligation upon you to pursue that claim at all or via Dispute a Will.
Free of Charge the cost consequences (i.e. your potential overall exposure to cost) and provide an initial cost estimate.
Your Cost v Your Benefit
One of the key considerations that Dispute a Will has regard to when considering whether to handle your claim is not only the nature of the claim but also whether the benefit to you of pursuing the claim outweighs the possible cost to you.
Our service promise to you is that we will advise, on the basis of the information provided by you, from the outset if we consider that the cost of pursuing a claim is likely to be disproportionate i.e. whether the benefit to you might not exceed our costs. The costs of your opponent will be unknown to us but we also give consideration to these costs, in relation to the estate as a whole and throughout the advice provided to you.
Dispute a Will – Our Service
Our solicitors are specialised in this area of law and we usually charge on an hourly rate basis. Whilst it is possible to determine relatively quickly whether or not you have a claim, it normally takes at least 5 hours (and sometimes considerably longer!) for a solicitor to fully consider the merits of your case, and that is if all of the information is readily available. Often we need to make enquiries to obtain information that you might not have to hand.
At Dispute a Will, we refer to this part of handling your case as the “investigative stage” and and once we have determined whether or not you have a claim we will estimate our costs of investigation and discuss with you how this might be funded by you.
If you are successful in your case, this amount may be recoverable from the other side although it is less likely that the whole amount will be recoverable.
To assist we can offer you a variety of arrangements, not least because we understand that sometimes clients are unable to pay for a claim from their own resources.
Initially, it is important that you check whether or not you have insurance cover for legal expenses. Often legal expenses insurance is added on to standard Buildings or Contents insurance arrangements and you should check your policies.
You may wish to consider a third party funding arrangement via your bank or your credit card or some specialist legal fee funders we know of.
If you do not have legal expenses insurance but we are satisfied that you have a valid claim then we may be prepared to offer a discounted risk sharing arrangement. Whether or not we can offer that arrangement will be determined after the investigative stage has concluded. We can discuss the terms of this arrangement with you from the outset but make no guarantee to take on a case on this basis.
We recommend that you consult a financial advisor when considering how best to finance any claim you may wish to bring.
Dispute a Will are flexible and willing to find a solution that will allow you to pursue your claim. Furthermore in most cases where you are successful you will obtain an order that your costs are paid by the losing party. Whilst this may not cover the entirety of your costs it will go a long way towards meeting your liability.
In every case we are prepared to work to an available budget and we always provide a detailed estimate of fees. Furthermore at the outset we are always prepared to provide an initial view entirely free of charge.
For further advice and help please do contact Dispute a Will on 0800 975 2166 or email vie the contact page.