Frequently Asked Questions & Client Testimonials

You will no doubt have some questions on will contests or will challenges.

Here are the most commonly asked questions.

Contact us if you have any further questions.

A will contest being signed

What is the difference between contesting/challenging a will, contested probate claim, inheritance claim, or a will dispute?

These words are simply a different way of describing the same thing.

Each term means that a person believes that they are entitled to further provision (cash and benefits) from the deceased estate of a deceased person, who then makes a claim in the courts for further provision from the estate. In this site we refer to these claims simply as a will contest/challenge.

Most will contest/challenges seem to settle without a court hearing being held.

What does litigation funding mean?

It is sometimes possible for a claimant to go to a litigation funding company and arrange for the funder to pay their legal fees for contesting/challenging a will.

The claimant must first find a company who is prepared to deal with smaller claims. Many litigation funders will only take on will contest/challenges where the claims are very much larger than CWPL typical handles on a No Win No Fee basis.

The claimant must usually enter into separate agreements with the litigation funder and with his own solicitor. Under the agreement with the litigation funder, the litigation funder will usually take a set percentage of the Settlement Monies paid by the estate.

Usually the legal funder must approve of the claimant’s choice of solicitors, and there is no guarantee that the litigation funder will agree to a particular firm of solicitors being used.

In some cases, the claimant must be prepared to give up control of certain elements of their claim.

At a Mediation, must I stand up and speak?

No: as your lawyers, we are able to do all the speaking on your behalf, unless you want to say your piece!

Do I need to go to court?

You may only need to go to court if your claim is not settled at Mediation. As we have said, most cases seem to settle without a court hearing.

The court case would be held in England and you must be prepared to attend to give evidence. If you live overseas, you would need to pay your own travel expenses, but we would add all your travel expenses to the claim.

I have not seen my mother in many years. Can I make a claim?

So long as you can establish that your mother had an obligation to provide for you, this should not disentitle you from making a claim.

I have lived overseas for 20 years, can I claim against my father’s estate?

This should no. prevent you from making a claim, especially if you can show that you have tried to maintain contact with your father in a supportive way — this support can be emotional or financial or both.

If you have lost contact just because you were excluded from the family, this will not normally destroy your claim.

How do I make a Claim?

Click the “Make a Claim” button to get things rolling, or call CWPL to discuss your claim.

With CWPL’s No Win No Fee, you can get the advantages of full litigation funding from us, without all the hassle and complications.

Makea claim

Why you should use CWPL for your litigation funding

With CWPL’s No Win No Fee, you can get the advantages of full litigation funding from us, without all the hassle and complications.

You only need to deal with us at CWPL, and you pay only our standard legal fees and the Uplift Fee, not a percentage of the Settlement Monies. After our legal fees are paid, you get the rest!

Client Testimonials

  1. “It was due to your expertise in legal matters such as mine, and your belief that by taking action I would greatly benefit, and I have. I am now financially able to purchase a residence.”

  2. “We were impressed that you were able to help to search for the information we needed to make a decision, and that you could give us such a quick preliminary assessment. Then, to be offered a no win no fee arrangement, confirmed that we had made the right decision.”

  1. “Terry, I would like to thank you for your professional negotiation skills that brought about an extremely favourable settlement.”

  2. “Thank you very much for all of the effort you and the team put in on my behalf: if ever we come across someone requiring your services, we would most certainly recommend you. I wish you all the best in the future.”

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