[Direct answer]The attorney fees for inheritance disputes are determined by market regulation and are negotiated between the client and the law firm, primarily based on the value of the disputed inheritance, the complexity of the case, whether it involves litigation in another jurisdiction, and whether it involves a second-instance appeal. There are three common charging methods: charging based on a percentage of the value of the subject matter, charging a fixed fee per case, and charging based on working hours. According to Articles 11 and 12 of the "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006), it is prohibited to implement risk-based representation in marriage and inheritance cases, so the "no-win, no-fee" model is considered illegal. In principle, attorney fees are borne by the client. However, according to Article 29 of the "Measures for the Payment of Litigation Fees", litigation fees are borne by the losing party.

I. Legal basis and interpretation of provisions

1. Articles 11 and 12 of the "Measures for the Administration of Lawyers' Service Fees" (effective from December 1, 2006)

The measure stipulates that lawyers' service fees shall be charged in two forms: government-guided prices and market-regulated prices. Article 11 explicitly prohibits the application of contingency fee arrangements to certain cases, and Article 12 further prohibits the application of contingency fee arrangements to cases involving marriage, inheritance, and requests for alimony, child support, maintenance, pensions, relief payments, and work-related injury compensation. The legislative purpose is to prevent lawyers from improperly influencing clients' true intentions regarding the disposition of identity relationships and family property due to profit-driven interests. The key points applicable to this issue are: inheritance disputes can only be charged in a conventional manner, and contingency fee arrangements based on the outcome of the case are prohibited. If law firms promise not to charge fees in the event of a loss or offer a fee based on a percentage of the litigation object, clients should be vigilant about the compliance risks involved and retain the contract and payment receipts.

2. Article 29 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007)

The provision stipulates that the litigation costs shall be borne by the losing party, unless the winning party voluntarily assumes them (for related contract fees and liability agreements, please refer to our firm's website).Business and Commerce | Contract Disputes(Column); Where the plaintiff partially wins and partially loses, the people's court shall determine the amount of litigation costs to be borne by each party according to the specific circumstances of the case; Where the co-litigants lose the case, the people's court shall determine the amount to be borne by each party according to their interest in the subject matter of the litigation. The legislative purpose is to guide parties to exercise their right of litigation rationally through cost sharing. The applicable key points in this issue are: the acceptance fee for inheritance cases is generally calculated according to the value of the disputed estate and applied in accordance with the standards for property cases, and the losing party shall ultimately bear the costs in proportion.

3. The practical adjudication guidelines

In inheritance cases in Beijing courts, the sharing of litigation fees is usually linked to the substantive judgment results: if the request for division of the inheritance is fully supported, the party opposing it or the party occupying a larger share of the inheritance will generally be ordered to bear the corresponding portion; if both parties' requests are rejected, the fees will be shared proportionally. Generally, the court will not order the opposing party to bear the attorney's fees. Only when the opposing party engages in faulty behaviors such as concealing or transferring the inheritance and causes actual losses, may the claimant claim a portion of the reasonable expenses through the path of damages, and must provide evidence such as the power of attorney contract and invoices. In addition, when calculating the subject matter value, the court will refer to the property value corresponding to the disputed shares among the heirs, rather than the overall market value of the house, so the actual acceptance fees are often lower than what the parties expect.

II. Henglue Lawyer's Real Case (Detailed Review)

Review of the case:This case involves a legal inheritance dispute. The decedents, Feng * and Zhou *, were husband and wife and had an eldest son, Feng *1, a second son, Feng *2, and a daughter, Feng *3. Their granddaughter, Liu *, is the daughter of Feng *3. Zhou * died in September 2021, and Feng * died in August 2023. After the deaths of the two elderly people, the children had a fierce conflict over the distribution of the inheritance.

The focus of the controversy:First, whether the funds transferred by Feng * to his children before his death belong to the scope of inheritance, which directly determines the amount of the case and the basis of acceptance fees; Second, whether Feng *'s claim that he should receive an additional 10% share for fulfilling his main support obligations is valid; Third, whether Liu *, as a granddaughter, is a suitable defendant in the statutory inheritance dispute; Fourth, whether Zhou *'s 250,000 yuan pension can be included in the division again.

Our position and the other party's position are as follows:The plaintiff claimed that the funds in Feng's account were transferred to Liu and Feng 3, and should be divided as inheritance, and they should also bear the litigation costs jointly.

Attorney's Strategy and Legal Opinions:Attorney Yu Dayi (involved in the case)Real estateThe definition of the share is the key point of this case. We should focus on defining the scope of the estate, because for every point reduction in the subject amount, the parties' burden of accepting fees and litigation expenses will be reduced by one point.

The court's reasoning and the outcome of the case:The first-instance court found that Feng * had the right to handle the property under his name himself. There were not only transfers of funds to Liu * but also transfers to other heirs in the account. The plaintiff failed to provide sufficient evidence to prove that the defendant had transferred the funds privately. Zhou *'s pension had been inherited and disposed of by Feng * and there was no balance in the account. Feng *3's claim for a larger share was not supported due to insufficient evidence.

If the case eventually enters the enforcement stage, you can refer to our firm for further assistance.Creditor-debtor relations | Enforcement casesThe column introduces the execution process. This case is handled by Beijing Henglu Law Firm.Yu DaweiThe attorney (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How are the fees charged by inheritance lawyers calculated?

The attorney's fees are determined by market regulation and are negotiated between the client and the law firm. The fees are usually quoted based on factors such as the amount of the claim, the complexity of the case, the workload, whether the case involves litigation in another jurisdiction, and whether it involves a second-instance trial.

Q2: Who will bear the litigation costs of the inheritance case?

The litigation fees and attorney's fees are two different things.

Q3: Do lawyers who want to inherit a case have to pay a fee first?

There are no mandatory regulations. It depends on the agreement between the two parties. Law firms generally stipulate that the first installment be paid upon signing the contract, and the subsequent payments shall be settled according to the progress or results of the case.

Q4: Can I request the other party to compensate for the legal fees of inheritance succession?

In principle, this is not allowed. Attorney's fees are expenses incurred by the parties to safeguard their own rights and interests. Unless there are specific provisions in the law or clear contractual agreements, they are generally not considered part of the losses that can be claimed from the other party.

Q5: Can I get a refund for the attorney's fees if I lose the case?

Generally, it is not possible to get a full refund, and the specific terms will be stipulated in the entrustment contract. Lawyers provide professional services rather than guaranteeing the outcome. Unless the lawyer violates the duty of diligence, exceeds the scope of authority granted by the client, or charges fees illegally, the client cannot demand a full refund simply on the grounds that the judgment is unfavorable.

IV. Suggestions for Protecting Rights and Interests

  • Before signing the contract, ask the lawyer to list in writing the fee charging method, the basis for calculating the fees, the division of stages, and whether the travel and appraisal fees are included. Also, request an official invoice to avoid disputes over fees arising afterwards.
  • Be cautious of promises like "no win, no fee" and "sharing the fee based on the amount of the successful litigation": risk-based fees are prohibited in inheritance cases, and such agreements are not compliant, which may lead to subsequent disputes for the parties involved.
  • Determine the subject of the dispute reasonably: First, clarify which property belongs to the estate to avoid including the property that the decedent has disposed of before his death in the claim, which not only reduces the risk of losing the lawsuit but also reduces the litigation fee expenditure.
  • If you are indeed experiencing financial difficulties, you can consult the local legal aid agencies to see if you meet the eligibility criteria for assistance, and you can apply for a reduction or deferral of litigation fees when filing a lawsuit.
  • Prioritize mediation or family consultation programs. Mediating and resolving inheritance disputes can often significantly save on attorney fees, litigation costs, and time, and it also helps to maintain family relationships.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Inheritance | Legal Services for Family Division and Property Division·Attorney Yu Dawei·Beijing Henglu Law Firm