Lawyer fees for will disputes curbed
Source: New South Wales. Attorney General. Media Release.
"New laws come into force that give judges the power to limit legal costs in cases involving disputes over wills, said Attorney General John Hatzistergos. Mr Hatzistergos said legal costs in family will disputes routinely ran into tens of thousands of dollars and the new laws will stop lawyers running up excessive charges. “Costs can wipe out a large portion of a deceased person’s estate, leaving family members and dependents with very little,” he said. Mr Hatzistergos said the new laws, which build on the 2006 Succession Act, will require the court to refer all family provision claims to mediation, except in special circumstances. Also, the laws give the court broader rule making powers, which will:
Enable the court to curb the use of expensive expert witnesses, costly medical reports and unnecessary valuations; and
Empower the court to cuts costs by determining simple cases without a hearing. Mr Hatzistergos said the new laws would control unscrupulous lawyers who, according to the Supreme Court, had billed clients more than $30,000 for simple one-day cases, and more than $100,000 for more complex cases."