No win, no fee will disputes

Last reviewed 18 August 2026

The cost of contesting a will deters many with a good case. For some, a conditional fee arrangement bridges the gap — though never without a price of its own.

What it means in practice

Under a conditional fee arrangement (a “no win, no fee” deal), you pay nothing, or little, if the claim fails, and a success fee on top of costs if it wins. Solicitors offer them selectively, for claims they judge strong enough — typically clearer validity challenges or well-founded Inheritance Act claims.

The catch to weigh

Remember the loser-pays rule: if you lose, you may still owe the other side’s costs, which no fee arrangement removes — though “after the event” insurance can be taken out to cover that exposure. Read the terms closely, and price the downside, not just the upside.

Sources. Conditional fee arrangements (Courts and Legal Services Act 1990, as amended); loser-pays general rule; ATE insurance practice.