Who pays legal costs and extrajudicial costs?
Questioner
My wife is involved in the settlement of my mother's estate. Within this settlement, an agreement has been reached regarding the sale of my mother's home (surviving spouse). The agreement made concerns financial compensation related to the sale price of the home. Minimum required sales price: Euro 290,000. Agreement by both sisters on the sale price of the home: Euro 285,000. Compensation therefore concerns Euro 5,000.00. To be compensated by both sisters to my wife concerns Euro 5,000.00 - Euro 500 (minus 10% inheritance tax) = Euro 4,500.00. Distribution key over 3 heirs is then Euro 1,500.00 per heir. Agreement recorded in app traffic and confirmed several times in app traffic is that both sisters each contribute a share of EUR 750.00 (total EUR 1,500.00) to the compensation for the loss of my wife on the sales price of the house. One of the sisters has complied with this arrangement and has transferred the agreed amount (EUR 750.00) (as of 19-12-2022) to my wife's bank account. The second sister has refused to pay the agreed amount (EUR 750.00) to date. Legally, it seems clear to me that one of the sisters is in default. We are therefore considering bringing this matter to the attention of the subdistrict court. The specific question now is what other costs can be expected, apart from payment of court fees. I assume that the subdistrict court will oblige the defendant (second sister) to pay in accordance with the agreement. As far as we understand it, the judge can decide that the losing party must pay the legal costs and extrajudicial costs of the opposing party (costs award). Is this conclusion correct and is there possibly a question of other costs, apart from the court fees, to be paid by the successful party?Lawyer
The costs award by the subdistrict court are meager. Extrajudicial costs are also meager. If there is an award, it is questionable whether the subdistrict court will award costs to one of the parties because there is a family relationship. Given the importance, I would say: don't start. If you go to a lawyer, you will spend more than 750 on fees.Lawyer
The costs award by the subdistrict court are meager. Extrajudicial costs are also meager. If there is an award, it is questionable whether the subdistrict court will award costs to one of the parties because there is a family relationship. Given the importance, I would say: don't start. If you go to a lawyer, you will spend more than 750 on feesNeem de volgende stap
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