Costs, fees and funding

Can I use a conditional fee agreement for an Inheritance Act 1975 claim?

My client wishes to make a claim against an estate under the Inheritance Act 1975 on a no-win, no-fee basis. Can I use a conditional fee agreement?

Yes.

Section 58A of the Courts and Legal Services Act 1990 restricts the use of conditional fee agreements (CFAs).

It prohibits the use of CFAs in family and criminal proceedings (except proceedings under section 82 of the Environmental Protection Act 1990).

However, the use of CFAs in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 is not prohibited by the Courts and Legal Services Act 1990.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question?

Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk.

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

Maximise your Law Society membership with My LS