Funding of Probate disputes

17 Sep 2021 | Jan Atkinson

Contentious Probate can be very expensive and clients often find it difficult to find the money to cover their legal costs.

Frequently in these sorts of cases, the client is entitled to money from an estate but cannot get access to those monies without taking action via the court. Litigation loan companies are now offering a solution to this problem by providing a loan to clients as a facility to cover the costs of taking their case forward. Each case has to be assessed on its merits and the loan can be used by either a claimant or a defendant.

Traditional legal expenses insurance is often referred to as Before-The-Event or ‘BTE’ cover. Litigation insurance for probate disputes is often known as After-The-Event or ATE insurance. The latter is the term known to solicitors but it may be more easily understood as Litigation Insurance. Whichever terminology you use, it is a tailored policy put in place with the specific aim of protecting clients from having to pay the opponent’s costs and their own disbursements if they lose their case. It is unique in that the insurance policy is only entered into after a probate dispute has arisen.

Jan is a registered Trust and Estate Practitioner (TEP) and a registered Contentious Trust and Probate Specialist (CTAPS). She is a well-known figure in the private client field, in large part as a result of her active role on the Law Society Private Client Section Executive Committee, her membership of the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS). Jan writes regularly on contentious probate issues and lectures on these and related subjects.

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