Daughter Successfully Contests Distant Father’s Will and Wins $70,000

Published 09 Mar 2020

Author: David Cossalter

An adult child from Frankston Victoria, approached Gerard Malouf and Partners to contest the will of her late father. Our client did not have contact with her father until she was the age of 42 when he sent her a letter saying that he regrets having missed out on so much of her life. From then on, their relationship developed, and they talked on the phone on birthdays and every Father’s Day and Christmas. Whilst they had a relationship, our client did wish that they had been much closer. Her father and his wife would often move houses and not notify our client of their new address. Usually, she would find out from another family member. All our client wanted was a father figure in her life, someone to give her away at her wedding and for someone to be in her children’s lives. Unfortunately, she never had that.

Our client had a bleak financial future. She required funds for knee-replacement surgery as well as funds for on-going medical expenses. Further, she and her partner had minimal funds in their superannuation accounts.

A week before our client’s father passed away, he rang our client informing her that he was selling his property.

Upon contacting Gerard Malouf and Partners our client was advised on the most appropriate course of action for a successful claim. She was also advised on her rights and entitlements of being the deceased’s biological child.

The will was successfully contested pursuant to section 59 of the Succession Act 2006, by Gerard Malouf and Partners Expert Lawyers. The somewhat lengthy mediation resulted in our client obtaining an award of $70,000. Our client was very happy with the outcome as it will allow her to plan for contingencies of life.

If your mother or father has not provided you with adequate provisions that you think you are entitled to, contact our contesting wills experts today. An expert lawyer can take on your case on a ‘no win, no fee’ basis and ensure you have the right tools to win.

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