50% of Estate Won after Settlement Conference in Queensland Family Provision Claim
Published 29 Oct 2012
Author: Garbis Kolokossian
Our clients, the biological daughter and the biological son of the deceased, attended our office on 26 October 2010 to seek further provision under the estate of their parent who passed away on 5 October 2010.
Instructions were originally obtained from both our clients and immediate steps were taken to try and resolve the matter amicably between the parties pre-litigation.
During the course of the negotiation, the executor of the estate, our clients sister passed away. Due to the unforseen circumstance and the approaching limitation date, a proactive step was taken by Mr Garbis Kolokossian, the solicitor with carriage over the file to commence formal proceedings, prepare affidavit evidence and organise an Informal Settlement Conference. The Defendant’s solicitor was caught by surprise. After long and heated negotiations the defendants offered to distribute 50% of the estate to our clients and the remaining 50% to be left to the main beneficiary of the estate, who was left the entire estate originally.
Given the small size of the estate, legal fees were kept to an utmost minimum, no barrister was involved, and the clients were able to obtain a result that not only made them happy financially but emotionally as well. At the time of settlement, the clients explained to Mr Garbis Kolokossian that Gerard Malouf and Partners was the only solicitor that was willing to take on their case. It was their experience that all other law firms did not want to be involved due to the fact that the estate was not large enough and the prospects of obtaining a result was not favourable.
We at Gerard Malouf and Partners do not shy away from difficult cases and this is a testament to our continued drive for success. If you have a case either big or small you can be rest assured that Gerard Malouf and Partners and their Contesting Wills lawyers will give you objective and professional advice. Our clients were more than happy with the result they obtained. Another fantastic result.