Estranged Husband Successfully Contests Will in NSW

Published 07 Mar 2020

Author: David Cossalter

A husband expected that he was not going to outlive his late wife due to health problems. Thinking ahead, our client took his name off the property’s deed to make it easier for his wife in the future. Prior to his death, his wife ended their marriage. However, they still had a great relationship, so much so that they would take numerous holidays together in a year and she would stay at his house at least four times a year. They also talked regularly over the phone.

Our client was shocked to find out that his late wife had fallen over and was in an out of the hospital where she eventually died. Upon her death, their daughter inherited the property and demanded that he pay her rent if he wanted to stay in the house.

He had severe health problems and because of this, he was not been able to work. Whilst he did receive a large redundancy package from his last job, these funds had been used. Our client did not have any assets under his name and a minimal amount of funds thus rendering him essentially homeless as he is not able to afford the rent payments to be made to his daughter.

Gerard Malouf and Partners was approached by our client in the hopes that we would be able to help him successfully contest his late wife’s will. In his free first consultation, the strengths and weaknesses of his case were explained to him and that he had a strong case if he wished to pursue it. Upon instruction from our client, notice was served to the estate lawyers. The matter was not able to be settled through mediation and therefore it proceeded to Court where Gerard Malouf and Partners Expert Lawyers successfully contested the deceased’s will. The outcome was that our client was allowed to reside on the property, rent free, if he paid the strata fees and maintained it to a suitable standard.

To achieve the best possible outcome for your claim, it is crucial that you approach a lawyer experienced in contesting wills. Gerard Malouf and Partners Expert Lawyers have the required experience and the compassion needed to make an already difficult situation easier. If you have an enquiry about contesting a will do not hesitate to contact us for a free initial consultation at our offices across NSW, Queensland and the ACT, or via a phone call on 1800 004 878.

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