Bold Law

No win, no fee and you fix your maximum fees at the start of your case

If we think you have a valid claim, we will run your claim on a no win, no fee basis. We also offer to fix your maximum fees at the start of your case so you know the maximum amount payable if you win your case.

Generally our fees are capped at $20,000 plus GST, plus outlays, and we run your case on a no win, no fee basis.

There are cases where our fees will exceed this amount. A case that would exceed this amount would be a large estate that might involve complex valuations of assets of the estate.

Conditions do apply to our fixed fee client agreements. Please contact us to find out further information.

Time limits for making a claim

If you have been left out of a Will or not properly provided for by your loved ones there are strict time limits that allow you make a claim to put things right. If you don't notify the executor within six months from the date of death of the deceased that you intend to make a claim, generally you will be barred from making a claim. Further you must also issue legal proceedings within 9 months from the date of death of the deceased.

Do I have an entitlement to make a claim

If you are a spouse, child or were financially dependent upon the deceased at the time of their death you have an entitlement to make claim. Former spouses and step children may have claims depending on the circumstances of the case. Contact us to find out more.

What do the Courts take into account in deciding if I have claim

The single most important factor in determining a persons claim is their financial need. A common example might be a husband and wife who have married late in life and the husband has children to a prior marriage. The husband dies and leaves his estate to his children, leaving his wife nothing. The wife would in most situations have an entitlement to make a claim upon the Husbands estate for not making proper provision for her.

There are many other factors that the Courts consider in family provision claims. The most important factor is financial need, however the Courts consider other issues such as the size of the estate, the relationship that the claimant had wiht the deceased and how the other beneficiaries in the Estate have been provided for.

Will my case go to Court

The majority of family provision claims resolve at mediation. In Queensland, the Supreme Court has put in place a Practice Direction that requires parties to mediate the dispute before the matter proceeds for trial. Most cases settle at this point because the cost to all parties in proceeding to trial does not generally justify continuing with the case.

In cases involving large estates, there is an increased possibility of the claim proceeding to Court if it is not resolved at mediation.

Will I have to pay the other parties costs if I lose my case

In the past, Courts would generally order that the costs of the legal proceedings be paid out of the estate. In more recent times, Courts have taken a firmer view that if your claim lacks merit, then you can be ordered to pay the costs of the other parties personally rather than those costs being paid out of the estate.

There are no hard and fast rules about who pays costs. It will depend on the facts of the case the conduct of the parties.