In England and Wales, contesting a will can be a complicated and expensive process, both emotionally and financially. A Part 36 offer to settle is a powerful tool that can help to resolve a contested will claim before it goes to trial. In this article, we will discuss the advantages of making a Part 36 offer to settle in a contested will claim in England and Wales.
What is Part 36, and what does it mean?
It is important to know what Part 36 offers. Part 36 is a formal proposal to settle a will dispute that has been made under Part 36 of Civil Procedure Rules.
The offer must appear in writing. It must outline the terms of the offer, the time limit to accept it, and the consequences of accepting and rejecting the offer. If the offer is accepted by the parties, they can avoid the risks and costs of going to court. If the offer is declined, the other party can claim certain cost benefits if they receive a decision that is more favourable than the offer.
Benefits of Part 36
Quick Resolution
Making a Part 36 offer to settle a dispute can have many advantages. A contested will claim can drag on for months, even years, causing anxiety and stress to all parties. Part 36 is a way for the parties and their solicitors to resolve the dispute without having to go to court. They can also agree on terms that will avoid certain costs and uncertainty. This can speed up the resolution of the matter and allow parties to move on with their lives.
Reduce expenses
Making a Part 36 offer also has the advantage of reducing the costs of the dispute. Contesting a will is a costly and time-consuming process. Legal fees, court fees, along with other costs can quickly add up.
Part 36 offers enable the parties to make specific terms for settling the dispute. This may help to lower the cost of the dispute. Parties can also agree to settle the dispute on specific terms if the offer has been accepted.
This will save them from having to go to court. If the offer is refused and the person making it wins a decision that is more favourable than the offer, they may have certain cost benefits. This could include an increase in interest on the amount awarded, an award of enhanced interest, or an award of indemnity costs.
Clarification
Part 36 offers may also be helpful in clarifying the issue and limiting the scope of the trial. A contested will claim can raise complex legal and factual questions, making it difficult to identify the core issues.
Part 36 offers are a way for the parties to clearly define the terms of the offer as well as clarify the dispute. This can help limit the cases’ scope and allows each party to be more focused on the core issues.
Protection of interests
Part 36 offers can be made to help protect each party’s own interests. A contested will claim can be extremely emotional because it involves loved ones. Part 36 offers the parties to make specific terms to settle the dispute. This will help protect all of the parties interests. This can also be a way to keep relationships intact and avoid any further conflict.
Conclusion
Making a Part 36 offer in England and Wales to settle a contested will dispute can offer significant benefits for all concerned. It can be a faster way to settle a dispute, reduce costs, clarify issues, and protect the rights of all involved.
If you are thinking of making a Part 36 offer make sure to seek legal advice to ensure the offer is on correct terms and in your best interest.
