LIMIT on issuing an invoice.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

RICHO777

Member
21 December 2020
4
0
1
My wife and I had an appointment with a solicitor in April 2018 to discuss wills and a possible trust for my daughter and the the costs involved.
After the meeting we didn't pursue the matter further.
Today 21st December 2020 we have received an invoice for $825 for draft wills that were allegedly sent by e-mail on 24th April 2018. The solicitor stating (December 2020) that "I have not received any response from you and I assume that you do not wish to proceed".
The meeting was purely to investigate costs of 2 wills and possibly a Disability Trust" for my daughter we didn't pursue either.
We have no record of receiving these wills by post or e-mail and didn't give the approval to go ahead with the said wills.
The solicitor is claiming interest if we do not pay.
I have read somewhere that the legal wording generally used is that an invoice must be issued within a "reasonable" amount of time.
2 years and 8 months is not a reasonable time ...
How do I approach this .. we are both pensioners and have no legal knowledge regarding this issue.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Maybe he's run out of ambulances to chase :rolleyes:

What state are you in?
Did you ever discuss costs?
 

RICHO777

Member
21 December 2020
4
0
1
We are in Victoria ... we did discuss costs especially the Disability Trust. Can not remember the cost of the wills.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
As the costs are above the lower threshold (i believe that threshold is $750) then a costs disclosure should have been provided. This should have been done at the time or ASAP afterwards.

As a start, I would be asking for proof that the disclosure was provided & that you had signed to engage their services.
 

RICHO777

Member
21 December 2020
4
0
1
I have asked for a cost disclosure and as the cost was $750 plus GST he states that it is not required even though the total bill I will be paying for a draft will (which I have just received 2 years and 10 months later ) is $825. Seems to me that this is a no win situation with our legal knowledge nil and his is 30+ years.
Will complain to the Victorian Legal Service Commissioner or should I make an offer to close this?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Make an offer.