Brother and sister of estranged father reach settlement after being left out of his will

Published 18 Apr 2013

Author: Richele Nelsen

A Father of four passed away leaving the majority of his Estate to just three of his grandchildren. We represented both brother and sister in a united claim for further family provision from their late Father’s Estate.

Our clients had a turbulent relationship with their Father. Our clients’ Mother died at an early age, leaving them in his sole care.  Due to abuse, at age fourteen, our client, the deceased’s daughter, was removed from his care. Regardless, she maintained some contact with him over the years, telephoning him from time to time.

The deceased’s son had a falling out with his Father some fifteen years before his Father’s death and had not spoken to him since.

A third child of the deceased also made a claim on the estate, leaving six people fighting for a share in the deceased’s estate. All claimants had similar financial circumstances and were in need.

The parties attended Mediation in an attempt to negotiate a settlement of all claims.

We were able to negotiate a settlement in favour of our client’s whereby they would receive 32.5% of the estate between them.

Not only were our clients able to obtain a reasonable sum of money from an estate which they left nothing, they were also able to restore their relationship with one another, after being estranged for over fifteen years.

If you believe that you have been unfairly left out of a Will, please do not hesitate to contact our Office for your FREE First Consultation with an experienced Contesting Wills Lawyer.

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