[Direct answer]In principle, this is not allowed. According to Article 12 of the "Measures for the Administration of Lawyers' Service Fees" (issued by the National Development and Reform Commission and the Ministry of Justice and implemented on December 1, 2006), it is prohibited to charge risk-based fees for marriage and inheritance cases. Inheritance disputes fall into the scope of explicit prohibition, so Zheng Law Firm will not sign risk-based contracts with clients that stipulate "no fee if no win, and a percentage of the winning amount as commission". In practice, some institutions disguise risk-based contracts under the guise of "family division and estate execution assistance", which poses a risk of violating regulations. Clients should verify the nature of the contract. Inheritance disputes are usually charged on a per-case basis or a percentage of the total amount, with the specific fees determined by the parties' written agreement. If someone solicits inheritance cases by offering high success-based fees, clients should be vigilant and may refer to the relevant provisions for reference.Inheritance and division of estateThe column introduces the standardized way of placing orders.

I. Problem Background and Typical Scenarios

Such questions often arise in several situations: the inheritance amount is large, and the client is temporarily unable to pay the attorney's fees upfront and hopes to pay based on the outcome; the opposing party conceals real estate and deposits, making the cost of obtaining evidence high, and the client wants to transfer the cost through risk-based fees; they have doubts about the advertisements of some institutions promoting "recovering the inheritance and sharing the profits"; and how to set fees for cases involving family division, legacy support agreements, and other cases intertwined with inheritance. The original intention of prohibiting risk-based fees is to prevent lawyers from pursuing profit-sharing in marital and family cases, which may exacerbate family conflicts. Law firms in Beijing charge fees in a standardized manner for inheritance cases, and those involving complex inheritances such as family business equity can refer to the relevant provisions.Business and contract disputes in enterprisesColumn.

II. Key points of dispute

Focus I: The scope of inheritance disputes. All cases filed as inheritance disputes are not subject to risk-based attorney fees. Focus II: How to distinguish cases related to inheritance but of different nature, such as disputes over the settlement of the decedent's debts and disputes over family division agreements of a contractual nature. The charging method should be determined based on the case type and the content of the entrustment. Focus III: Identifying disguised risk-based attorney fees, such as agreements stipulating that "service fees shall be paid based on the amount actually collected". Focus IV: Selection of charging methods: hourly rate, percentage of the disputed amount, or fixed-fee in stages, each of which is applicable in different circumstances. Focus V: The validity of illegal contracts and complaint relief. Focus VI: How clients can verify the compliance of charging fees. Specifically, the above content shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Although inheritance disputes cannot be handled on a contingency fee basis, they can still achieve substantive results under standardized fee charging. A case of transfer inheritance disputes handled by our firm is a good example. Li * and Zhou * had three sons. Zhou * died on July 12, 2017, and their second son, Li 2, died on September 8, 2017. Li * died on July 29, 2022. The houses at No. 405 and No. 606 in Xicheng District, Beijing, were registered under Li *'s name and were the couple's joint property. Li 2 and Zhao * registered their marriage in 2010. As Li 2's first-line heir, Zhao * claimed her inheritance share, which was opposed by the three defendants. Therefore, she entrusted our firm's lawyers to represent her. The lawyers pointed out that if an heir dies after the inheritance begins but before the estate is divided and does not waive their inheritance rights, their share of the inheritance shall be transferred to their successors. Li 2 could inherit one-eighth of each of the two houses, and this share was their marital joint property, of which one-sixteenth was Li 2's inheritance, which Zhao * was entitled to inherit. The unsigned written materials and guided recordings submitted by the defendants could not prove that Zhao * waived her inheritance rights. The court ruled that the two houses would be jointly inherited by four people, with Zhao * owning 4/48, and the three defendants owning 16/48, 17/48, and 11/48 respectively. Li *'s bank deposits would be inherited by Li 3, who would pay Zhao * a compensation of 123,862 yuan. This case shows that accurate legal analysis and standardized fee charging can also effectively safeguard inheritance rights. The case was handled by Beijing Henglu Law Firm. 继承纠纷虽然不能风险代理，但规范收费下仍能取得实质效果。本所承办的一起转继承纠纷可见一斑。李某与周某夫妻育有三子，周某2017年7月12日去世，次子李2同年9月8日去世，李某2022年7月29日去世；北京西城区405号、606号房屋登记在李某名下，系李某与周某夫妻共同财产。李2与赵某2010年登记结婚，赵某作为李2的第一顺位继承人主张继承相应份额，遭三名被告反对，遂委托本所承办律师代理。律师指出：继承开始后、遗产分割前继承人死亡未放弃的，其应继承份额转由其继承人取得，李2可继承两套房屋各1/8，该份额系其与赵某的夫妻共同财产，其中1/16为李2遗产，赵某有权继承；被告提交的无签字文字材料与引导性录音不能证明赵某放弃继承。法院判决两套房屋由四人共同继承，赵某占4/48，三被告分别占16/48、17/48、11/48，李某名下存款由李3继承并给付赵某123862元折价款。本案说明，精准的法律分析与规范的按阶段收费，同样能把继承权益落到实处。本案由北京恒略律师事务所承办。Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before entrusting a lawyer, confirm the case basis. For inheritance disputes, negotiate fees on a per-case or percentage-of-value basis, sign a written power of attorney contract, and list the scope of services and fees for each stage in detail. 2. Be wary of phrases like "no fee unless we win" or "split fees based on recovered assets". Such agreements are unlawful in inheritance cases. Before signing, verify with the local judicial administrative department of the law firm. 3. For those with limited budgets, consider a phased approach: first conduct asset tracing and plan design, then decide whether to sue. 4. For cases involving property shares or deposit division, apply for property preservation early to prevent asset transfer. 5. Keep payment receipts and original contracts. Legal basis: - Article 11 and Article 12 of the "Measures for the Administration of Lawyer's Service Fees" (effective December 1, 2006) outline the government-guided fee range and prohibited types of contingency fees. - Article 1153 of the "Civil Code of the People's Republic of China" (effective January 1, 2021) stipulates that spouses' joint property is first divided in half for the spouse, then inherited as assets. - Article 127 of the same code defines the statutory order of inheritance. - Article 1159 of the same code requires settling the decedent's tax debts before dividing the estate. For fee and contract details, please refer to the relevant provisions.Special services and other casesColumn.

5. Henglu Law Firm's Advice

Risk Alert: Firstly, it is explicitly prohibited to engage in risk-based agency in inheritance cases. Signing such contracts not only makes it difficult to obtain support, but also may lead to losses on both sides in fee disputes; Secondly, disguised risk-based agency is often packaged as "consulting fees plus profit-sharing". The key to identifying it is whether the fees are linked to the arbitration result; Thirdly, a high value of the estate does not necessarily mean higher legal fees. The design of the solution is more important than the quoted price; Fourthly, after entrusting the lawyer, the client should truthfully state the facts and provide clues to the estate in a timely manner. When handling similar cases in the Beijing area, it is recommended to choose standardized law firms and clarify the fee structure in writing. It is also advisable to start evidence fixation as soon as possible and refer to relevant cases for reference.Inheritance and division of estateColumn.

VI. Frequently Asked Questions

Q1: Why can't risk-based attorney fees be applied to inheritance cases? Is it possible to negotiate a fee arrangement based on the outcome of the case?

No. According to Article 12 of the "Measures for the Administration of Lawyers' Service Fees" (effective on December 1, 2006), risk-based fees are prohibited in marriage and inheritance cases, and inheritance disputes are included in the prohibited list. The legislative consideration is that family cases involve family relationships, and charging fees based on the outcome may easily provoke radical claims and exacerbate conflicts. Law firms will charge fees in stages according to the number of cases or the proportion of the subject matter, and clarify it in a written contract. When encountering institutions that promise "no win, no fee" to solicit inheritance cases, we should be vigilant about their compliance with regulations.

Q2: If we can't use risk-based legal fees, how much does it cost to hire a lawyer for inheritance disputes? How much will it cost?

There are three common methods: charging by the hour, which is suitable for disputes with relatively clear rights and mediation; charging based on the proportion of the subject matter, with progressive rates according to the value of the estate, such as real estate and deposits; and fixed-stage charging, which breaks down the pricing into verification, litigation, trial, and enforcement. Lawyer's fees do not have a unified standard and are negotiated between the parties and written into the power of attorney contract. Court fees are charged in stages according to the value of the property, and in the case of mediation or partial victory, they are shared proportionally. It is recommended to first clarify the list of estate assets and the scope of claims, and then ask lawyers to provide quotes for comparison.

Q3: What evidence do I need to prepare for a lawsuit over inheritance?

The following items should be prepared: the death certificate of the decedent and the proof of kinship to determine the scope of the heirs; materials related to the ownership of the estate, such as the property ownership certificate, deposit certificate, equity and financial management certificates; the original will and supporting evidence of the process of making the will; if the heir claims to fulfill the main duty of supporting the elderly, provide proof of accompanying the elderly to the hospital, daily care, and expenditure records; the transaction records and clues of the other party transferring or hiding property; and materials related to the marriage and upbringing of the stepchildren. The more complete the chain of evidence is, the more support there will be for the claim for a share of the estate.

Q4: How long does it usually take to litigate an inheritance dispute?

The first-instance ordinary procedure generally concludes within six months, and the simple procedure can be applied for about three months if the dispute is simple and the mediation goes smoothly. However, if the inheritance involves multiple sets of real estate, handwriting appraisal, overseas evidence collection, or a large number of parties, the process will be longer. The second-instance procedure takes about three months. Before the division of the inheritance, you can apply for property preservation to prevent the transfer of assets. The overall pace of the process depends on the number of disputed issues and the evaluation and appraisal cycle. Sorting out the inventory of the estate and collecting evidence as soon as possible can significantly shorten the timeline of the litigation.

Q5: What should I do if one party monopolizes the inheritance and the other heirs refuse to cooperate?

The first step is to sort out the inheritance list and the scope of heirs, and confirm the basis for one's share. The second step is to attempt written negotiation first, clarifying the share and the discounted price plan. The third step is to file a lawsuit for inheritance disputes with the court in the location of the property or the defendant's residence if the negotiation fails, and to claim the handling of deposits, pensions, etc. at the same time. The fourth step is to apply for property preservation in time if one is worried that the other party will sell the property or transfer the deposits. The fifth step is to entrust a lawyer to coordinate the evidence and the plan, and you can refer to it for reference.Inheritance and division of estateThe column provides an understanding of the handling process for similar cases.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.