Biological daughter makes a claim on Late Mother’s Estate and Wins!
Published 02 Nov 2017
Author: Garbis Kolokossian
Gerard Malouf and Partners Expert Contesting Wills Solicitor, Mr Garbis Kolokossian, was approached by our client, seeking advice on how to contest a will in Victoria. In her first free consultation she was required to outline the nature of the relationship she had with her late mother as well as her current and predicted financial position in order to gauge how successful she would be in contesting the will in Victoria.
Mr Garbis Kolokossian advised our client on how to contest a will and what information would be essential in proving the case necessary to be successful.
She described the relationship she shared with her mother as a loving and caring one until the last few months of her mother’s life when they ceased communication. Currently our client does not have a positive outlook regarding her financial position due to the fact that she is unable to work due to injuries she has sustained from old age. Furthermore, her husband does not have secure employment.
After learning of her situation, our client was informed of the likelihood of her claim being successful as well as the weaknesses and strengths of her claim. After taking initial instructions to act, Gerard Malouf and Partners, put the Estate lawyers on notice of our client’s intention to make a family Provision claim.
Our Expert lawyers assisted our client in preparing affidavit evidence dealing with our client’s relationship with her late mother as well as her current financial position. A great emphasis was placed on trying to settle the matter before it proceeded to a hearing as the size of the Estate was relatively small and the benefit would be significantly reduced due to a substantial increase in legal fees.
The matter was referred to a mediation where the parties would attempt to resolve the matter amicably. Following the commencement of the Mediation, our client was informed of some weaknesses in her claim. After extensive discussion, her mother’s will was successfully contested and the parties were able to come to an agreement where our client was awarded $160,000.
If you are a child of the deceased, who is seeking advice on how to contest a will, contesting a will or would simply like advice of Family Provision claims, please do not hesitate to contact Gerard Malouf and Partners. You will be provided advice during your initial free consultation.