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WA Contesting a Will - Costs Come Out of the Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by Melrose, 2 January 2016.

  1. Melrose

    Melrose Active Member

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    Firstly, when contesting a Will, do the costs come out of the Estate in the end? I am unable to afford 1000s of dollars up front. I know my sister will fight me.

    Our issues between each other have been going on for 20 years and we don't talk. Mum's will changed many times but always said that we would get half each. My sister married a controlling man and between the two of them, have pushed me out of the family by manipulating my mother and convincing her to virtually hate me with judgements, assumptions and lies. My mother now finds fault with me in everything I do and say and I can no longer talk to her. There are several wills of mum and dad, and prior to dad passing 3 years ago, everything was to be shared.

    Even 12 months ago, it was still to be shared but my sister's husband is now the Executor of will and my sister Enduring Power of Attorney. Some money has disappeared over the last 5 years. The estate isn't large, probably only $500,000. Perhaps I need to put a caveat on the house when she passes?

    My mother now says she will change the will so I get nothing which isn't fair and not what my dad would have wanted. I need to contest the Will as my sister has orchestrated this whole situation. I need to contest the will for my young sons who would inherit from me.

    There have been many letters back and forth. I have only responded in defence of their uncalled for remarks. A lot of bad history and a lot of misunderstandings. My sister has been given a lot of money over the years. Dad told me things would be fair in the end. I do not believe they will be.

    My sister and her husband and my mother are a strong party of three who bully, intimidate and harass me. I am only a mum with 2 teenagers and I am not strong. They want my children to be a part of their lives but my children can see what they are doing to me.They have harassed me so much with words, letters and untruths that I feel I would like to take a restraining order so that they would leave me alone but that would make matters worse.

    My mum is 86 and fully coherent, but believes every word that my sister says and there are so many fabrications. There are hundreds of letters back and forth, with accusations from them, and me trying to defend myself constantly. I think they enjoy the harassment.

    I would be grateful for any help.

    Thank you
     
  2. JS79

    JS79 Well-Known Member

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    Hi,
    Usually a firm will not allow you to defer fees in a case like this.
    If you need to contest the will, then you win- you will be able to get most of your legal costs paid for by the losing party. However you have to understand that if you lose - you could be up for the legal costs of the other party.
    I strongly suggest seeking an appointment from a local lawyer and finding out what you can do in this case. See
    Get Connected with the Right Lawyer for You to be connected with your local lawyer.
     
  3. Sophea

    Sophea Well-Known Member

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    I agree, how much a legal action will cost you will really depend on your case's prospects - which can be assessed by a lawyer - and what the lawyer is will to arrange with regard to their payment of fees. Legal fees don't automatically come out of the estate though.
     

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