Estranged Son from Penshurst Contests Mother’s Will and Wins

Published 05 Mar 2020

Author: David Cossalter

Gerard Malouf and Partners was contacted by an adult son wanting to contest his mother’s will. They shared a close bond until the day he did not invite his sister to a family barbeque. Our client did this as he and his sister did not get along and the barbecue was a small, informal gathering. From that day, everything changed with regards to his relationship with his mother. Prior to the incident he and his mother used to talk multiple times a week but after it, this was reduced to once every three to four weeks.

When our client’s first child was born his mother did not visit or even call to ask about the baby or the mother. It was after this that our client decided to cease almost all contact with his mother. Over the next ten years, he did attempt to make contact three times, to which he was met with no response. From that point on he understood that his mother did not want to have a relationship with him.

Following his mother’s passing, he approached Gerard Malouf and Partners offices seeking advice about how to contest a will in New South Wales. During his first free consultation, he was asked about his relationship with his mother and current and predicted financial situation. Any medical conditions also needed to be disclosed as well because if they are permanent injuries that affect employment or require on-going medication, it will also affect him financially. Once our Contesting Wills Expert Solicitor, Mr David Cossalter, understood the client’s present situation he advised him that Gerard Malouf and Partners would be willing to assist him in contesting his late mother’s will on a no win no fee basis.

In an initial conference our client was offered $20,000 to which our client advised that if he was able to get a larger share of the Estate to proceed but if his chances were not good, he wanted to accept the $20,000. Fortunately for him, he was offered $45,000 in the following conference. Following the settlement, both parties are also required to sign a Short Minutes of Order stating that they will not be able to contest their mother’s will at any time in the future.

If you have any questions or you have a similar scenario and you are seeking advice on how to contest a will please contact us. We would be more than pleased to provide you with advice in your first free consultation and answer any questions that you may have.

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