Legal costs in estate litigation proceedings
Estate litigation proceedings are some of the most emotionally challenging proceedings for the parties involved. Often siblings engage in bitter rivalries that may stem back all the way to childhood. Many people view estate litigation and Court proceedings as an opportunity to punish an adversary by winning the dispute at all costs. Legal costs can accrue over time if the parties lose focus of what the goals of litigation are. This can happen due to the emotionally challenging nature of the process.
Emotions run high in estate litigation. Sibling rivalry leads some litigants to get carried away and make outlandish claims based on feelings of hurt or betrayal. A good estate lawyer will remind clients about the consequence of legal costs being awarded against them, if their claim is unsubstantiated. There have been estate litigation cases where litigants begin the process with a lawyer but end up being self-represented because they disagree about the likelihood of succeeding in Court. More often than not, a lawyer’s warning about losing a case should be heeded.
For example, self-represented litigants may underestimate the high cost of a trial. There have been cases where a trial that was supposed to last 1-2 days was extended to 10 days because of a self-represented person, only to find out that there was no evidence to substantiate the extreme claims. In such circumstances it is not uncommon for the losing party to be ordered to pay full indemnity legal costs of the opposing parties. Our justice system is strapped for resources and Judges act to strongly to discourage litigants from wasting the Court’s time. An award for legal costs may be used by a Judge to discourage future frivolous claims by other individuals and to ensure the parties in an estate dispute attempt to resolve with a trial. Estate mediation is available to parties well in advance of trial to attempt a cost-efficient resolution of the dispute. Law Help Ontario is a resource where you can find more detailed information about legal costs and the risk of cost awards in Ontario Superior Court proceedings.
Furthermore, estate mediation is mandatory in Toronto, and you should retain a Toronto estate lawyer to assist you with your estate dispute.
Charles B. Ticker Law Office has helped clients with may kinds of estate litigation disputes. Charles Ticker is an experienced estate litigation lawyer who can help you determine whether it is worth to proceed with your claim. To schedule an appointment with an estate lawyer, call Charles Ticker at: 1-866-677-7746. The information on this website is not legal advice. It is for informative purposes only.