Bobila Walker Law – Ontario Estate Contingency Fee Lawyers

Estate disputes can be deeply emotional and financially challenging. At Bobila Walker Law, we understand that the last thing you need during a difficult time is the added stress of legal fees. That’s why we offer contingency fee arrangements for certain estate litigation matters.   But what does that mean — and why might it make sense for your case?

At Bobila Walker Law, we are proud to offer contingency fee arrangements in appropriate estate litigation matters. These fee structures can provide critical access to justice, especially when clients are facing complex and emotionally charged disputes without immediate access to financial resources.

However, we want to be clear: we do not offer contingency fee arrangements in every case. Instead, we approach each potential file with careful analysis, discretion, and a strong commitment to ethical legal practice.

What Is a Contingency Fee?

A contingency fee is a billing arrangement where you don’t pay legal fees up front or hourly. Instead, we get paid only if we win or settle your case, and our fee comes out of the amount recovered. In other words, we don’t get paid unless you do.

This arrangement shifts the financial risk from you to us, and can be especially helpful in estate litigation, where issues like access to estate funds or financial hardship may prevent people from getting the legal help they need.

Why Is It Useful in Estate Disputes?

Estate litigation often arises unexpectedly after the death of a loved one. You may believe a will is invalid, or you may have been unfairly left out of an estate. These cases are emotionally charged — and they can take months or even years to resolve.

A contingency fee arrangement allows clients to:

1. Access Justice Without Upfront Costs

Legal fees can be a barrier to pursuing a legitimate claim. With contingency fees, you don’t need to worry about paying legal bills while the case is ongoing.

2. Level the Playing Field

In many cases, one party may have control over the estate’s assets while another is shut out. If you’ve been disinherited or wrongly excluded, a contingency fee structure gives you the ability to challenge the situation on equal footing.

3. Reduce Financial Risk

If your claim is unsuccessful, you don’t pay legal fees to us. That said, you may still be responsible for certain disbursements (like court filing fees or expert reports), but we always discuss this in advance so there are no surprises.

4. Align Interests

A contingency fee aligns our interests with yours. We only succeed when you do, and that means we’re motivated to get the best possible outcome for your case.

When Is a Contingency Fee Appropriate?

Contingency fees aren’t available in every case, but they are commonly used in estate matters such as:

  • Will challenges (e.g., lack of capacity, undue influence)

  • Dependent’s support claims under Ontario’s Succession Law Reform Act

  • Unjust enrichment or constructive trust claims

  • Executor or trustee disputes where you’re a beneficiary challenging how the estate is being managed

At Bobila Walker Law, we assess each case individually. If we believe your claim has legal merit and is suitable for a contingency arrangement, we’ll discuss the terms clearly with you.

How Much Is the Contingency Fee?

The percentage we charge is based on the complexity and risk involved in your case, and it will always be discussed and agreed upon in writing before we begin. This way, you know exactly what to expect.

In Ontario, contingency fees are regulated under the Solicitors Act and the Contingency Fee Regulation, and we are committed to transparency, fairness, and compliance with all rules.

How We Assess a Contingency Fee Estate Litigation Matter

When someone approaches us to take an estate case on contingency, we undertake a detailed evaluation that typically includes the following:

1. Legal Merits of the Claim

We start by examining whether there is a viable legal cause of action. This involves a review of the factual background, as well as relevant Ontario statutes and case law — including but not limited to:

  • The Succession Law Reform Act (SLRA)

  • The Estates Act

  • The Rules of Civil Procedure

  • Relevant jurisprudence from Ontario courts (e.g., on will challenges, undue influence, dependent’s relief, constructive trust, etc.)

We consider questions such as:

  • Does the client have legal standing to bring the claim?

  • Is the limitation period still open?

  • Does the evidence support a triable issue or possible success at mediation or trial?

If a claim lacks legal merit, we won’t offer a contingency fee — and we will be upfront with the client about why.

2. Strength and Availability of Evidence

Solid claims require more than just suspicion or feeling wronged. We look at whether the necessary documentary and testimonial evidence is available to support the claim. This might include:

  • Medical records (e.g., for capacity disputes)

  • Financial records or transaction histories

  • Witnesses who observed key events

  • Drafts of wills, notes from lawyers or doctors, etc.

If a case hinges on weak or speculative evidence, it may not be appropriate for a contingency arrangement.

3. Complexity and Duration of the Litigation

Some estate matters can be resolved quickly through negotiation or mediation. Others may take years of litigation, multiple motions, and potentially a trial.

We consider how complex the matter is — including the number of parties involved, procedural hurdles, and potential need for experts (e.g., handwriting experts, capacity assessors, accountants).

The greater the complexity and time commitment, the more carefully we assess whether a contingency fee is appropriate, and if so, on what terms.

4. Estimated Value and Recoverability

A critical part of our analysis is whether there is a realistic prospect of financial recovery — either through the estate or from other assets.

For instance, we ask:

  • Is the estate solvent and sufficient to cover the potential claim?

  • Are there competing claims that may dilute any recovery?

  • Is the opposing party likely to settle, or will a court battle be required?

A contingency fee must make sense not only from a legal standpoint, but also from a practical, financial one. We do not take cases on contingency if we believe that even a successful outcome would not result in a meaningful financial recovery for the client.

5. Risk to the Client and the Firm

Offering a contingency arrangement means the firm assumes the financial risk of not being paid for legal services unless the case is successful. This is not a decision we make lightly.

That said, we also carefully assess the risk to the client, including:

  • Potential exposure to costs awards if the claim is unsuccessful

  • Whether the client understands the implications of a contingency agreement

  • Whether other options (e.g., hourly or hybrid arrangements) may be more appropriate