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Battle of Wills

Written by on Dec 6, 2010| Posted in: Estate Litigation

The battle over a Will can be more like a battle of wills.

It’s the principle of the matter”

We hear these words consistently from our clients over phone or in the office… “It is not the money; it is the principle of the matter.”  Litigation over an estate, Will, trust or inheritence can be emotionally traumatic for clients, especially when the dispute is between parties who are family members.  Although the majority of our clients want to resolve their issues quickly and inexpensively, many clients are willing to use the judicial process to vindicate what they believe were wrongs suffered at the hands of a family member.  This path is frequently expensive and may cost more than any eventual recovery; however, many litigants are willing to stand on principle – even when a cost-benefit analysis does not make sense financially – to achieve a measure of satisfaction and closure through the judicial process.   

It is incumbent upon clients to perform their own cost-benefit analysis on their case and to decide whether they wish to invest the funds necessary to litigate, even if they do not win the case or recover as much as they hope or believe they are entitled to recover.  If a battle over a Will turns into a battle of wills, one thing is certain – attorney’s fees will be high.  Clients need to ask themselves whether the fight is worth fighting regardless of cost.  Sometimes, the answer is “yes.”

We can make a difference.
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