As we warn all of our Wills clients at Coode & Corry, one of the fastest growing areas of law in NSW is the area of claims made by family members against an Estate. These claims can be made by someone who has not been given anything under a Will, or who has been given something but they feel they should receive more.
The Courts have expressed concerns about the growing legal fees in this area, and recent media reports have suggested that in some matters the legal fees have reached $80,000 or $100,000 prior to any court hearing.
Following the success of our fixed fees for all family law matters that settle, we thought that our clients might also appreciate some certainty in this area. We now offer fixed fees in relation to these claims, up to and including commencing proceedings, and the court appointed mediation. Ordinarily in a family provision matter our new fixed fees up to the stage of court appointed mediation would be $18,000 in professional costs, plus GST plus disbursements (like court fees or barrister’s fees). We note that the vast majority of family provision claims settled at the court appointed mediation.
If you are an Executor who is dealing with family members who claim they are entitled to more, or if you have been left out of a Will and would like to make a claim against an Estate, please make an appointment to come and see Ms Jacinta Watkins to discuss how we can help you, and also provide you with further information regarding our fixed fees. As always, the first half hour consultation will be free.