Disputing a Will or contesting a Will is equivalent of asking a judge to declare that a certain Will is invalid. It is well-known that any sort of litigation is expensive. Inheritance litigation on the other hand can be more expensive. The cost of this proceeding depends on a number of factors such as attorney’s fees, the expert witness’ fees, the nature of the claim and all the other costs involved during the gathering of evidences and presenting them to the court. One needs to have all the right reasons with proper evidences prepared prior to contesting a Will. Additionally, you need to get in touch with an able attorney or law firm if you need help contesting a Will.
Settlement Saves Money
It is easier if the settlement can be achieved between two parties before the court begins with the trials. This can save you a lot of money as once the court begins with its proceedings; the trials alone may cost you tens of thousands of dollars.
Who Actually Makes the Payment?
When the claimant wins the case, then the payment can easily be made through the estate. This is a very cost-effective case. But if the claimant loses the case, then they need to pay the court not only for themselves, they also need to pay half of the winning party’s cast. In many cases the claimant may also need to pay for the entire of the cost of the winning party. In such cases the claimant not only loses the contest of the Will but may also need to sell of their share of the estate to make the payment. If the allegations made by the claimant against the Will is that of fraudulent or of undue influence, they need to present proper evidences to prove it, failed to which court shall order the claimant to pay for the other party’s legal costs.
Make Smart Decisions
It is therefore very much important that you consider and understand that the cost consequences of contesting a Will, prior to trial and at trial is very expensive. The value of the Estate must also be kept in mind when contesting a Will. Also, you must also bear in mind that the court may order the claimant to pay the cost for both the sides if the claimant loses. It doesn’t necessarily be that the court will make the estate to pay for the cost of both sides. Therefore, get in touch with experienced attorney or law firm if you need help contesting a Will.