How can the legal cost of a claim against an estate be paid
How can the legal cost of a claim against an estate be paid Question. Can the court control costs? Cheshire solicitors Stonehewer Moss have trained experienced family solicitor Michael Brennan to take a costs focused approach to claims for family provision from an estate if a close person or family member feels the will or rules without a will have an unreasonable effect. Michael has prepared a factsheet to advise potential clients and those preparing a will and has included this creative approach to legal costs that may be considered fair,” The Court is duty bound to consider costs as part of case management (rule 1.1 Civil Procedure Rules) and may at an early stage consider making a costs management order, which make cap the costs each party will expend while also considering which issues it is necessary to decide and what evidence is of assistance to that end. The Court requires detailed cost budgets to be provided at such a hearing and it should ensure everyone has their eyes open to cost and the overriding objective to achieve a just outcome. Proportionality in approach to litigation is emphasised by the court rules and a party that fails to do so by defending or pursuing an issue may have costs disallowed even though successful in the case. Attention to proportionality and the case management duty of the court should begin to be addressed in pre action correspondence. If you patently have a case to be heard for provision, why not invite the estate to pay your costs to an agreed stage such as early resolution appointment at which the merits of the case will be explored without prejudice by the Court. Traditionally a personal representative has sought protection from personal liability for legal costs of unsuccessfully defending a case by taking a neutral stance but that may be viewed as gambling with the estates money that more fairly might be protected by the approach outlined above.”
The estate could be invited to meet costs of the proposed applicant. Fixed fees should be sought and no win no fee agreements in suitable cases.
Stonehewer Moss solicitors are based in Northwich Cheshire but Michael lives in Widnes and can cover Widnes, Runcorn and St Helens for interested potential clients who could meet at a convenient place. He can give a no obligation analysis of your case by appointment. Please call 01606872200 e mail firstname.lastname@example.org visit www.stonehewermoss.co.uk