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NSW Contesting a Will - Reject Calderbank Offer?

Discussion in 'Wills and Estate Planning Law Forum' started by Yasmain, 25 September 2015.

  1. Yasmain

    Yasmain Member

    25 September 2015
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    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?
  2. Therese

    Therese Well-Known Member

    11 October 2015
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    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.
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  3. JS79

    JS79 Well-Known Member

    2 October 2015
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    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.
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