Biological Child Left Out Of The Will, Fights In Court And Wins!!!
Published 13 Jun 2013
Author: Garbis Kolokossian
Our client, a biological child of the deceased initially saw Garbis Kolokossian from our office with respect to the estate of his late mother in early 2012. During the initial conference, Garbis learnt that our client had a relatively good relationship with his late mother for the majority of his life.
The relationship became complicated when the deceased moved in with our client’s sister and her family. Our client found that once her elderly mother moved into his sister’s home, he found it difficult to see her on a regular basis and continue with the close relationship they once shared.
Once the deceased moved out of her home and moved into our client’s sister’s house, our client’s sister leased out the home to family for less than market rate with all income from the house being made available to our client’s sister to use.
The estate was valued at approximately $1,200,000.00 (not a small estate). Our client was left a legacy of $100,000 out of his late mothers Will. After seeing a number of solicitors our client was told that he had no chance of obtaining a result that would leave him with more money. Just before he gave up all hope, he found Gerard Malouf and Partners Contesting Wills Lawyers. He came in for his first free consultation and a file was opened for him. He was given nothing but positive comments and reassurance that we are experts in this area of law.
After lengthy pre litigation steps, the matter eventually ended up in Court. Our client’s sister did not want to negotiate and was ready to run this matter in Court. We prepared the matter for Court and had a three day hearing in the Supreme Court of New South Wales over three days.
Our client not only won his case, but received a legacy from the estate of $300,000 more than what he was initially left under his late mothers Will. The executor also has to pay our client’s legal fees.
A huge victory for a deserving client!!!