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NSW Family Provisions Claim on a No Win No Fee Basis?

Discussion in 'Wills and Estate Planning Law Forum' started by Wise, 13 June 2016.

  1. Wise

    Wise Active Member

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    If a Family Provisions claim was issued against a Deceased Estate but the maximum claim would only be around 50-60K before legal costs, does anyone know if a Law Firm offering a No Win No Fee basis would be willing to take the case on?

    It is my understanding that if the claim failed then the plaintiff would possibly have to pay the Estate's legal costs but not their own? Is that correct?

    But if the claim was successful then the Estate would be responsible for both parties legal costs?

    What if there were not enough assets/monies in the Estate to cover both the claim and legal costs without one of the beneficiaries having to sell an asset that was left to them?
     
  2. Yevgeni

    Yevgeni Well-Known Member

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    Hi Wise,

    You can contact me here Benjamin Nicholson Law - Sydney - LawAnswers.com.au Find a Lawyer tomorrow and I will see if we are able to assist.
     
  3. Wise

    Wise Active Member

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    Hi Yevgeni,

    Thank you for your reply but I am not contracting a lawyer at this stage, I was just after some basic information relating to my questions if possible.
     
  4. winston wolf

    winston wolf Well-Known Member

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    Hi Wise

    Why do you say the "maximum claim would only be around 50-60K" is this all the estate is worth? Even with no win no "fee", you are still liable for out pockets like application fees, etc, etc, etc. It's just the lawyer's time is waived.

    Yes, the estate pays all cost if the claimant wins. In fact, the estate often pays even if the claim fails. Everything in the estate is up for grabs. If the property has to be sold to cover claims/costs, that's what happens.
     
  5. Wise

    Wise Active Member

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    The Estate will be worth approx 90K, after liabilities of which 98% has been left to one beneficiary and 2% to another beneficiary.

    The beneficiary with the 2% intends to make a claim to obtain a larger percentage of 50% of the 90K

    If the claim was successful it would mean that the asset would have to be sold to satisfy the claim and this is the only asset that the losing beneficiary has.

    Do No Win No Fee lawyers take on cases where the claimant is very well off and could afford their own legal fees anyway?
     
  6. winston wolf

    winston wolf Well-Known Member

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    Hi Wise

    I know it can be awkward but you need to describe the situation plainly. Otherwise you won't get a clear answer.

    Cheers
     
  7. Wise

    Wise Active Member

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    Hi Winston,

    A mother has passed and there are two siblings as beneficiaries. After all liabilities are paid there will be a small block of land valued at around 85k which has been left to sibling 1 (who is also the Executor), and a small amount of cash $3k which has been left to sibling 2.

    Sibling 1 has no other assets other than the block of land that has been left to her.

    Sibling 2 has multiple assets including an investment property but is contemplating contesting the will to claim half of the block land that was left to sibling 1.

    If the claim was successful, it would mean that the block of land would have to be sold as sibling 1 does not have the finance to pay out sibling 2. Considering that the estate is very small and the legal costs that would be incurred is it a case that a No Win No Fee lawyer would not waste their time with?
     
  8. winston wolf

    winston wolf Well-Known Member

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    Yes, I doubt a lawyer would touch this on a no win no fee basis.
     

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