Biological son receives payout after being left out of father’s will

Published 13 Oct 2016

Author: David Cossalter

A biological son of the deceased was left out of the will after his father decided to leave the majority of his estate to his sibling. This client sought advice on contesting a will in NSW and instructed the wills dispute lawyers of GMP Lawyers to resolve the dispute on his behalf.

Our client, being the biological son of the deceased, had a good relationship with his father. Our client lived interstate, making it difficult to see his father often due to financial restrictions and their distance apart, but he maintained contact with him.

It came as a shock to our client when he discovered he wasn’t provided for out of his father’s estate. Given our client’s circumstances, and given he was one of two biological sons of the deceased, he believed he may be entitled to a will dispute and sought the advice of the contesting a will lawyers at GMP. He was advised that he was eligible to make a claim, and so we commenced his claim in contesting a will.

Four months after commencing proceedings, the client’s expert wills dispute lawyers were able to negotiate a fair and reasonable settlement for him.

As part of the negotiation process, offers were exchanged between both parties, resulting in the settlement being reached. In considering a fair and reasonable settlement amount the following were considered:

  1. The financial needs of both brothers;
  2. The medical needs of both brothers;

An offer of 25% of the estate was made to our client which he was happy to accept. Not only did this assist in clearing his debts but it also assisted in our client paying off a chunk of his mortgage. The most pleasing part for this particular client was that his solicitors had negotiated a reasonable settlement within such a short time after commencing the claim.

If you have been unjustly left out of the will of a family member please contact the expert contesting a will solicitors of GMP for a free consultation so that you may obtain legal advice.

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