NSW Timeframe for Resolution After Contesting a Will?

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It's me

Member
2 April 2018
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Hi,

My wife's brother is contesting a will of their mother on the grounds of being inadequately provided for. He had not been part of his mother's life for quite some tears but has engaged a "no win no pay" solicitor and hence, my wife as executor of will, also engaged a solicitor.

To date, the parties have been unable to come to any agreement on further provision in the will, although the estate did make an offer. This was met with a demand that would mean the estranged brother would in real terms receive more than his sister who had a close & constant relationship with her mother.

The brother's solicitor is no longer responding to e-mails from my wife's solicitor or returning phone calls from the solicitor.

My wife believes her solicitor advised her that once a will has been contested, the person contesting has 12 months from the date of death of the person making the will to either get the case in front of mediators/court or resolved. I should like very much to know of this is true & what can be done if communications with the brother's solicitor are being ignored? Can the brother just drag the case along indefinitely?

Thank you very much for your help on this.
 

It's me

Member
2 April 2018
2
0
1
Hi,

My wife's brother is contesting a will of their mother on the grounds of being inadequately provided for. He had not been part of his mother's life for quite some tears but has engaged a "no win no pay" solicitor and hence, my wife as executor of will, also engaged a solicitor.

To date, the parties have been unable to come to any agreement on further provision in the will, although the estate did make an offer. This was met with a demand that would mean the estranged brother would in real terms receive more than his sister who had a close & constant relationship with her mother.

The brother's solicitor is no longer responding to e-mails from my wife's solicitor or returning phone calls from the solicitor.

My wife believes her solicitor advised her that once a will has been contested, the person contesting has 12 months from the date of death of the person making the will to either get the case in front of mediators/court or resolved. I should like very much to know of this is true & what can be done if communications with the brother's solicitor are being ignored? Can the brother just drag the case along indefinitely?

Thank you very much for your help on this.
Can anyone help with this please?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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I can't, as it's not my area and not my jurisdiction. However, I would imagine most people would be reluctant to second guess another practitioner's advice when they don't have all the information.
 
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