Wills and probate litigation
We understand the complexities that arise in traditional Chancery litigation and are able to offer bespoke litigation insurance and disbursement funding to accommodate all types of wills and probate disputes. These include –
- Probate cases, including but not limited to:
(-) Interest claims, where this is based on the interpretation of the intestacy rules;
(-) Revocation of a grant, where a will had been proved in common form.
(-) Pronouncing for or against a will. This may be based on accusations of undue influence, forgery of signature or fraudulent calumny;
- Rectifying a will or to protect a will from rectification, under section 20 of the Administration of Justice Act 1982.
- A case being pursued under the Inheritance (Provision for Family and Dependants) Act 1975.
Other scenarios we are able to consider
- Applications under the Tort (Interference with Goods) Act 1977.
- Applications for injunctions with or without notice to prohibit the disposal of assets before a grant of probate or apprehend an executor’s maladministration.
- Applications under the Administration of Justice Act 1985.
- Applications under the Law of Property Act 1925 (see our recent article on the case of Scarle (Deceased) v Scarle (Deceased)  EWHC 2224 (Ch)
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Why use Temple Legal Protection?
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 Funding, a subsidiary of Temple Legal Protection. This can be used to fund the court issue fee, expert reports and mediation.
Getting the timing right
The best time to send a case to us is once you have been able to adequately assess the merits of the claim. Usually, this is as proceedings are about to be issued and the pre-action correspondence has been complied with. However, cases can be referred once the pleadings have closed and directions have been handed down.
There are two ways of working with Temple Legal Protection; either under a delegated authority scheme agreement or on a one-off basis.
If your firm has a delegated authority scheme with us, it will be provided with access to the Temple Online Policy System which will allow you and your colleagues to create insurance policies for your clients without making a direct application.
- This agreement would provide that any case which falls within the half-dozen ‘eligibility criteria’ can be insured automatically.
- Such an arrangement would allow a case to proceed to trial, without having to obtain consent under the policy of insurance to issue court proceedings or reject Part 36 offers.
Our underwriters are able to tailor the insurance and funding product to meet the needs of the case. Usually, the premium is calculated on a percentage of recovered damages.
If the remedy your client is seeking is not damages, the premium is likely to be based either on a percentage of the limit of indemnity or your client’s incurred costs. All policies include a ‘premium cap’, contractually confirming the maximum fee that an Insured would pay for the premium.
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.
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.
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.
Temple Legal Protection are concerned with the merits of the case, not how your business is structured. 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 insures cases funding with traditional retainers.
If you are interested in a delegated authority scheme for your firm/commercial litigation/wills and probate litigation team do call us to discuss your requirements – contact details are below or please complete Solicitor Application Form.
To apply for litigation insurance and disbursement funding on a case-by-case basis, please complete and send a Commercial Proposal Form to us – along with copies of the pertinent papers (e.g. a copy of the will/caveat, pre-action correspondence, pleadings etc.). If you would like to speak with an underwriter before sending the case in to us, you will find contact details below and on our people page.
Jacob joined Temple in 2014 after graduating from the University of Chichester. He has recently completed the Graduate Diploma in Law at The University of Law. Jacob supports the senior commercial underwriters with reviewing a wide range of cases involving all types of commercial and business litigation. This involves providing costs solutions to SMEs, large corporates, private individuals and insolvency practitioners.
As an underwriter, Jacob frequently corresponds with leading lawyers and brokers to discuss current cases. He also assists with the development of Temple’s ATE commercial business and supports the team with audits.
Jacob is currently studying the BPTC part-time.