Contentious Trusts and Probate ATE Insurance

ATE Insurance for Contentious Trusts and Probate Disputes – The Key Points

We understand the complexities that arise in traditional Chancery litigation and can offer bespoke ATE insurance (also known as after-the-event or litigation insurance) and disbursement funding to accommodate all types of wills and probate dispute.

This includes probate cases (such as interest claims, revocation of a grant and pronouncing for or against a will), rectifying a will or to protect a will from rectification and cases being pursued under the Inheritance (Provision for Family and Dependants) Act 1975.

Other scenarios we are able to consider include Applications under the Tort (Interference with Goods) Act 1977, applications under the Administration of Justice Act 1985 and applications under the Law of Property Act 1925.

Why use Temple ATE insurance for contentious trusts and probate disputes?

No upfront cost of obtaining litigation insurance – we do not charge an assessment fee.
Payment of the premium is deferred until the conclusion of the case and is contingent on a successful outcome.
Insured clients will have access to disbursement funding from Temple Disbursement Funding, a subsidiary of Temple Legal Protection. This can be used to fund the court issue fee, expert reports and mediation without any risk to your client.

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Bespoke Underwriting

For complex cases, our experienced team provides quick, commercial decisions to get your funding in place.

Chartered Excellence

As a Corporate Chartered Underwriting Agent, we operate to the highest professional and ethical standards in the UK.

A-Rated Security

Backed by Intact Insurance UK Limited, providing global financial strength for your peace of mind.

Wilson Browne Solicitors have a long-standing arrangement with Temple Legal Protection to provide litigation insurance cover for our property litigation clients. It is extremely straightforward to use, the policy quite simply works and it is comforting for clients to have the option of disbursement funding in addition. All in all the whole thing is a bit of a ‘no-brainer’, especially for clients who are naturally concerned about the financial risks when undertaking litigation. Once in place the policy gives both us and clients great peace of mind: it allows us to get on and deliver on our promise of being “all the help you need.

Kevin RogersWilson Browne Solicitors

We and our clients have used Temple for ATE insurance on many occasions. Most recently we acted for a liquidator pursuing claims to recover assets for the liquidation estate. After lengthy and heavily contested litigation, ultimately settlement was achieved at mediation. That settlement was only possible with the assistance of Temple’s direct, pragmatic and commercial approach. This was much appreciated by both us and the client.

Matthew KellyFreeths Solicitors

Temple Legal are brilliant. Jamela and her team have a deep understanding of litigation and legal risk. They are responsive to client requirements throughout and have developed a user-friendly platform for case updates.

Securing ATE insurance cover from Temple Legal provides enormous comfort to libel defendants. It is a key factor in their decision to defend claims against them as it insulates them from the risk of paying opponents’ legal costs.

We look forward to working with Temple Legal again soon.

David RomainEgality Law LLP

Resources & Downloads

Access the technical documents and application forms you need to secure ATE insurance and disbursement funding for your clients

Contentious Trust and Probate Guide Commercial Solicitor Application Form

Commercial Disbursement Funding Guide Commercial Proposal Form

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Our specialist commercial underwriters are ready to review your case or discuss a delegated authority scheme for your firm today.

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01483 577877

Common FAQs

Some of the key questions about contentious trusts and probate disputes.

How does ATE Insurance for contentious trusts and probate disputes work?

Traditional legal expenses insurance is often referred to as Before-The-Event or ‘BTE’ cover. ATE insurance for contentious trusts and probate disputes used by solicitors is often known as After-The-Event or Litigation insurance. Whichever terminology you use, it is a tailored policy put in place with the specific aim of protecting your client 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 contentious trusts and probate dispute has arisen.

The remedy my client is seeking is not damages. How is the premium funded?

Our underwriters are able to tailor the insurance and funding product to meet the needs of the case. Usually, the premium is calculated by reference to recovered damages and the client’s own costs. If your client is seeking declaratory relief rather than damages, the premium is based either on a percentage of the limit of indemnity or your client’s incurred costs. All policies include a ‘premium cap’, limiting the premium to a specified percentage of the amount of cover.

My client is the executor, will you be able to consider offering ATE insurance?

Yes. An executor may be in the position where it is necessary to prove a will in solemn form. They may also be the defendant/respondent to a case or application brought by a beneficiary or other interested party. Costs are not always paid out of the estate and it may be necessary to consider protecting an executor from an order for costs.

My client is the defendant, will he be able to apply for ATE insurance and disbursement funding?

Yes. It is not necessary for the Insured party to be the claimant or applicant. The legal and commercial merits are the most important factors considered by our underwriters.

The outcome of the case I am instructed on will depend to a large extent on the conclusion reached by a handwriting expert; will you consider insuring it?

Yes. We will take this into account in our review of the papers, but may be assisted by sight of a draft witness statement and relevant contemporaneous evidence. Disbursement funding may be available for the expert’s fees.

My client wants to fund my cases on a traditional retainer and not on a CFA, can I still send it to you?

Temple Legal Protection prioritise the merits of the case, not the basis of the retainer you have with your client. Whilst it is a sign of confidence in a case if a firm is risking all or part of its fees, our underwriters know that in the commercial world, it is a benefit for fees to be paid in the traditional way and that such an arrangement is not indicative of a solicitor’s view of the merits and risk. We regularly insure cases where the client pays his solicitor’s fees as the case progresses.

When is the best time to take out ATE insurance?

The ATE insurance policy is purchased after a legal dispute arises and the best time to send a case to us is as soon as you are reasonably able to assess the merits of the claim. Usually, this is after your investigation and the pre-action correspondence has been completed, and before proceedings are issued. However, cases can be referred to us at any stage.