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josephnia 
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Joined: 14 August 2007
Location: North Shore
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 Topic: Anyone know cost of contesting a will?
Posted: 17 February 2010 at 2:02pm |
Has anyone had experience contesting a will and know how much (roughly) the legal fees might be? A family member of mine was promised the house of his late sister and since her death every scrap of paper has been removed from her house including, we think, the will, as now it can't be found. The only will is very outdated and leaves the house to someone no one knows and who can't be found. If the will isn't contested we've been told the house will be sold, all debts paid and the remainder will go to the IRD so we're wondering if the hassle and cost will be worth it? (the house is worth approx 600k by the way)
TIA 
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MyLilSquishy
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Posted: 17 February 2010 at 2:12pm |
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didnt want to read and run but my only idea is to ask a lawyer for a consultation...?
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jazzy
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Posted: 17 February 2010 at 2:14pm |
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can you get access to the papers that were removed from the house? Was it a family member?
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josephnia
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Posted: 17 February 2010 at 2:20pm |
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Yeah, basicly another sibling is currently living in the house and when the lawyer who only had the old will went to search the house they found that everything was gone - not one single phone bill, power bill or anything. I think she threw everything out because she wants to keep living in the house and probably figured if they couldn't find the will then that's what would happen. Now she's saying that she didn't throw it out despite the fact that if it isn't found she'll have to move out anyway.
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caliandjack
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Posted: 17 February 2010 at 2:50pm |
talk to a lawyer even the will is outdated - it can be contested and saves the house going into probate
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jazzy
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Posted: 17 February 2010 at 3:00pm |
 josephnia wrote:
Yeah, basicly another sibling is currently living in the house and when the lawyer who only had the old will went to search the house they found that everything was gone - not one single phone bill, power bill or anything. I think she threw everything out because she wants to keep living in the house and probably figured if they couldn't find the will then that's what would happen. Now she's saying that she didn't throw it out despite the fact that if it isn't found she'll have to move out anyway. |
bet she has not thrown it away, you find people will hold on to it or hide it but will be too scared to biff it.
You could say to her, that it is important it is found & if it is not she will have to leave the house as it will no longer be in the family & can she please have a good look for it.
She may just turn up with it, FX.
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Hunnybunny
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Posted: 17 February 2010 at 6:44pm |
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Most wills (especially if done through lawyers) will have more than one copy, or was it a will that was done at home?
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Bombshell
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Posted: 18 February 2010 at 2:00pm |
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contact the auckalnd district law society and they will run thru with you how to advertise to find out who holds the will thru the weekly newsletter.
then to claim will be family and high court usually - cost wise yes it will be expensive but worth it long run if he can prove a claim
pm me if you want some recommendations as to good lawyers for this - if in auckland
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Sh_az
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Posted: 19 February 2010 at 7:44am |
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The best thing they can do is get in touch with a lawyer for advice. They will be able to able to tell you whether there is a potential claim, likely options to resolve it and discuss costs. It is impossible to say what legal fees are going to be as every case is different. Some get settled relatively quickly, others don't.
Claims like this can be very expensive. Not sure what your family member's financial situation is, but they might be eligible for legal aid, if proceedings are filed.
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Anyone know cost of contesting a will?
