Claims under Wills- Negotiate not litigate – Northern Beaches lawyer can assist

LEGAL COSTS IN CLAIMS UNDER WILLS- NEGOTIATE NOT LITIGATE 

The guiding rule in any dispute is to attempt to settle the dispute by way of negotiations. Negotiations can be informal, formal between lawyers or through a mediator.

A recent case in the Supreme Court of NSW illustrates the perils of legal costs impacting on what amount is available to the litigants in dispute.

In that case, 2 brothers, one, Brian, aged 75 and the other, Neil, aged 73 at the date of their mother’s death on 15 June 2018. Their mother died at age 99.

The mother’s estate was valued at $508,770.98 before meeting the costs of the proceedings.

The mother had left a legacy of $25,000 to Neil and the remainder of her estate to Brian.

Neil applied for further provision from his mother’s estate.  Neil was seeking an amount of $197,000. Brian’s position was that Neil should get nothing more than the $25,000 legacy left to him in their mother’s Will.

The Court calculated that after deducting legal costs the net distributable estate will be between $200,424.68 to $210,428.68.

It meant that almost 60% of their mother’s estate would be expended in the legal costs of the proceedings.

The Court ordered that Neil receive a legacy of $100,000 in total (inclusive of the $25,000 of the legacy that he had already been paid).

The takeaway message is clearly that negotiation, not litigation, preserves the amount available to be distributed to family members.

Pittwater Family Lawyers aim to negotiate any dispute and avoid the costs of litigation. If you have any question on making a claim under a Will or any other questions on Wills, Probate and family provision claims, you can send an email to Kathy Chase at: pittwaterfamilylawyers@gmail.com or telephone her on (02) 9918 6565 or 0418 285 307.

http://www.pittwaterfamilylawyers.com.au