CAN I GET LEGAL AID TO CONTEST A WILL ?
The following are questions that we are frequently asked regarding contesting a Will.
If you are on a very low income, you may be able to get legal aid to help with the costs of contesting a Will.
You’ll usually need to show that:
- Your case is eligible for legal aid
- The problem is serious
- You can’t afford to pay for legal costs
Legal aid covers the costs of:
- Advice on your rights and options
- Help with negotiations and paperwork
- A solicitor or barrister to get your case ready and speak on your behalf in court and some tribunals
Legal aid may not cover all of the costs and expenses involved with your case. You may have to pay some of the costs upfront, and/or pay back some of the cost if you win money or property from your case.
To find out if you are eligible for legal aid in relation to a prospective claim, your legal adviser will need to see evidence of the following in relation to you and your partner, if you have one:
- Benefits
- Income, savings and spending
- National Insurance numbers
Your legal adviser will then be able to advise you on your eligibility for Legal Aid to challenge a Will, and on what this is likely to cover.
If you are not eligible or if you cannot find a lawyer that can assist you on a legal aid basis, there are other ways of funding your claim.
