SETTLEMENT: REDUCTION IN FEES ENSURE GREATER PORTION TO CLAIMANT

Published 26 Mar 2013

Author: David Cossalter

We represented a daughter of a deceased who received nothing from the estate. Our client was living in Housing Commission and on a pension. The other beneficiaries were all comfortable and not eligible for the pension.

This was a case that was almost fought to the bitter end with minimal offers being made by the estate and considerable expense going to the prosecution of our client’s rights and bringing the matter to trial.

On the first day of trial, and on the doorsteps of the Court room, the estate finally decided to see reason. Following considerable discussions, we were able to secure our client a 50% share of the net estate plus a significant contribution towards her costs, a contribution which would only see our client pay 10% of the actual solicitor fees incurred.

Following the resolution of the matter it was discovered that the estate had significant debts, so much so, that the 50% our client was to receive was far less than that which we had estimated.

GMP Contesting Wills Lawyers took this issue to heart and acting so as to ensure that our client received the maximum benefit from her claim, GMP Contesting Wills Lawyers agreed to reduce their costs so as to ensure the 10% which our client was required to pay was not recovered.

GMP Contesting Wills Lawyers did not stop here. While we were rightfully entitled to retain all monies paid to us by the estate for our costs we agreed to take a further reduction of 30% so as to ensure that our client, and not us, were the winners in this matter.

What this ultimately meant was that our client eventually paid only 60% of the actual costs, disbursements and all fees incurred on her behalf in pursuit of her rights.

While GMP Contesting Wills Lawyers were contractually entitled to charge the full amount for works that we had undertaken we did not do so.

Our client was ecstatic with our understanding of the situation and our willingness to compromise our costs so as to ensure that our client received the maximum benefit from her claim.

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