NSW Contesting a Will - Reject Calderbank Offer?

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Yasmain

Member
25 September 2015
1
0
1
Contesting a will where my stepmother left an estate worth 700,000 + to cousins. They offered a 'once' only Calderbank of $45,000. What will happen if I reject offer?
 

Therese

Well-Known Member
11 October 2015
122
7
414
Hi Yasmain,

Prior to accepting or rejecting an offer I would receive legal advice. It would be best if you could weigh up the grounds of accepting or rejecting the offer with someone who could suggest what is a reasonable amount to receive from the Will.

Please refer to this link: Get Connected with the Right Lawyer for You

My understanding is that if you reject an offer and try to claim more through legal proceedings, but fail; then by prolonging the procedure you may have to pay the other sides costs and could be in a worse off position.
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
As Therese has said above, please seek legal advice regarding the Calderbank offer, as a lawyer will be able to tell you whether it is a good offer and what you would be set to gain if you went to trial vs the offer presented.

With a Calderbank offer, if you go to court after rejecting the offer and the order is less than what was offered to you in the Calderbank offer you will be liable for the other side's court costs from the date of the Calderbank to the date of the orders.