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NSW Purposely Delaying Will Contest

Discussion in 'Wills and Estate Planning Law Forum' started by Jim C, 29 May 2015.

  1. Jim C

    Jim C Active Member

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    When an eligible contestant is purposely refusing amply generous 'go-away' offers hoping the ill-health sole beneficiary of a will dies, can anything be done to bring closure? Are there time limits?

    Surely the courts won't like being used like this?

    Thanks.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Jim C, there is what is called "abuse of process" which refers to the use of the court and judicial process to achieve an ulterior purpose. You can try argue this in court, however it is often difficult to prove and unfortunately the abusers often get away with it.
     
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  3. Jim C

    Jim C Active Member

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    Hmmm, so theoretically plaintiff can take this to court, then keep on appealing until costs outweigh potential award should beneficiary die?

    Thanks for such a speedy response.
     
  4. winston wolf

    winston wolf Well-Known Member

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    I think if you could demonstrate the intent to delay the court would award costs against the plaintiff, especially if the award from the court was less than the offer.
     
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