Adult Son Contest Father’s Will in New South Wales and Wins $75,000
Published 05 Mar 2020
Author: David Cossalter
Gerard Malouf and Partners was approached by an adult son seeking information on how to make a Family Provision Claim. He was specifically wanting advice on how to contest his father’s will in New South Wales.
During his initial free consultation, our client was asked to outline the history of his relationship with his father as well as his current financial position. He explained that he and his father did not have a proper relationship until he was 20 years old. When he finally was able to locate him he also found out that he had a half-brother. After this meeting, he and his father grew closer and he shared a close bond with his brother. However, following his father’s death, he was shocked to learn that he had not been provided for by his father’s will.
After learning of the client’s circumstances, Gerard Malouf and Partners Expert Lawyer Mr David Cossalter expressed to the client that he would be willing to assist our client in contesting his father’s will on a no win no fee basis. He was advised that being the deceased’s biological child did not automatically entitle him to a share of the deceased’s Estate. However, it did mean that he did not have to prove his eligibility as he fell within the Eligible Person’s criteria under the Succession Act 2006. He was also advised as to how successful his claim could be as well as the strengths and weaknesses of it.
Upon instruction from our client, the Estate lawyers were served with a notice informing them that our client is seeking provision from his father’s Estate. An affidavit for our client then had to be prepared to evidence the relationship he shared with his father and his financial situation.
During the settlement conference, the client and the defendant agree or disagree to how big of a share of the Estate each party deserves. In this case, the will was successfully contested and both parties agreed that our client should be awarded a lump sum of $75,000. He was quite happy with the result considering that it was enough to alleviate the financial burden on him and his wife and it will go towards paying for day to day living in the future.
If you have any questions about contesting a will please do not hesitate to contact Gerard Malouf and Partners for your first free consultation. We would be more than pleased to provide you with advice with respect to how to contest a Will and answer any questions that you may have.