PERSONAL LEGAL CONTESTED PROBATE

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Costs in Probate Cases

The case involved a bitter legal dispute over a claim of mutual Wills.  The Claimants succeeded in establishing that the husband could not exclude them as beneficiaries of his Estate, after his wife’s death as a result of them previously entering into mutual Wills. 

The Claimants had made it clear to the Defendants from the beginning that they were acting under a contingency fee agreement and had repeatedly proposed mediation. 

All proposals were rejected or ignored by the Defendants.  The Claimants made an offer to settle the case in March 2009 for which no response was given. 

At trial the Claimants were awarded a bigger sum than their previous offer and as a result, the Court of Appeal held that the Claimants’ costs were ordered to be paid by the Defendants personally at the higher indemnity rate basis, after the Defendants had rejected their previously lower offer in March 2009. 

If you have any questions or queries regarding the contents of this blog, then please do not hesitate to contact Tiffany Wiggett on 01604 258558.

View all Contested Probate Main blog entries