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Case Studies

200 Documents found. Displaying 51 - 100

Daughter seeks further provision after father dies intestate (without a will)


In 2015 an elderly man from Ryde died intestate (without a will). At the time of his death he had two living children and two others that had pre-deceased him, leaving children of their own. In accordance with the NSW legislation (The Succession Act 2006) the deceased’s assets were to be…

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Women with two children makes a family provision claim on her father’s estate after one child left entire estate


Gerard Malouf and Partners’ expert will disputes solicitor Mr Garbis Kolokossian was contacted by the adult daughter seeking advice on how to dispute a will of her late father. She also had an unusual enquiry relating to her late father’s estate. During the course of the initial obligation free consultation…

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Adult Daughter in NSW Makes a Claim on her Late Father’s Queensland Estate


Gerard Malouf and Partners was contacted by the adult daughter of a deceased man in Queensland seeking advice on what her rights and entitlements were with respect to the Estate of her late father. The father had passed away in the state of Queensland. Our law firm services the entire…

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Adult son left out of late mother’s will due to relationship issues makes a claim and wins


We were contacted by the son of his late mother in these proceedings initially to provide some preliminary advice on how to contest a Will in NSW utilising the first free consultation on an obligation free basis. On this occasion we learned that he was a biological child of the deceased who…

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Biological child with little need makes a claim on a modest estate


Gerard Malouf and Partners was contacted by our client, a biological child of the deceased who passed away in the middle of 2015 leaving a modest estate. The son instructed Garbis Kolokossian from our office that he and his wife had accumulated some wealth and were able to pay off…

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NSW Country town man successfully settles his contesting a will dispute


Gerard Malouf and Partners recently acted an adult son who was inadequately provided for under the terms of the will left by his biological father in 2011. His father passed away in 2015 in New South Wales, leaving an estate. Under the terms of the will, the Estate divided was…

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Son receives substantial payout from estate after being abandoned by father


A biological son has received a substantial payout from his father’s estate after being abandoned by his father as a young child. This client sought the advice of the wills dispute lawyers of Gerard Malouf and Partner on contesting a will in NSW and instructed us to resolve the claim on his…

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Adult son receives 40% after challenging Provision in his Father’s Will


An elderly man of regional New South Wales passed away leaving a house, some personal items and a small amount of cash. In his last will and testament the deceased left his house to his adult daughter, and spilt the remainder of his Estate equally between his son and daughter.…

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Son Doubles his entitlements under his late Father’s Will and is awarded $340,000.


We received instructions from our client in 2014 after the passing of his late father, who left an estate worth close to $2 million. In the deceased’s Last Will and Testament he left the majority of the Estate (Approximately $1.2 million)  to one of his three children (the executor), with…

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


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.…

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Estranged son receives additional provision from his Mother’s Estate


An elderly woman of Sydney’s Eastern Suburbs died in April 2015 leaving an Estate worth $1.6 million dollars. She had two children, a son and a daughter, who each had two children of their own. The deceased’s daughter had died some years earlier. Due to a breakdown in the relationship…

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Niece Secures $70,000 out of Aunt’s Inner City Estate


Our client had a close relationship with her aunt and depended on her for some time. As a result our client was surprised by her aunt’s will which distributed her Inner City assets equally amongst our client and her siblings. Our client’s siblings had had little contact with the aunt and…

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Step daughter receives $50,000 settlement after being left out of her step father’s will


Our client was a step daughter of the deceased who received a $50,000 settlement after contesting a will.  Our client’s mother, who had been married to the deceased for almost 30 years, left her share of their Bankstown home valued at $200,000 to the deceased on the understanding that he…

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Challenging a Will Success – Stepson receives 1/5 of Estate after claim for Family Provision


A Newcastle man contacted GMP Family Provision Claim Lawyers following the death of his step-father. Our client had lived with his step-father throughout his teenage years. His mother and step-father later divorced however our client maintained sporadic contact with the deceased following the divorce and leading up to his death. Our client’s…

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Daughter left $50,000 in her father’s will ends up getting his house


A woman from regional NSW contacted our office in search of assistance with challenging a will. Our client’s father had recently died leaving behind his property in regional NSW and approximately $200,000 in savings. In his last will and testament the deceased left his daughter $50,000 and the rest of his…

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Down on His Luck Client Receives 20% of Estate after contesting mothers will


Our client’s mother left him out of her will, and left all her assets to a distant relative. Our client contacted David Cossalter of the Contesting Wills team at GMP to ascertain whether contesting a will was an option he could pursue. Our client had assisted his parents throughout his life…

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Parramatta woman awarded $100,000 from estate of estranged father of 22 years


A Parramatta woman who was estranged from her father for 22 years has been awarded a family provision claim of $100,000.00. This matter was heard before Judge Stevenson. The deceased died on 17 November 2013 leaving behind 5 children. The children are as follows: Jack aged 62; Josephine, the Plaintiff, aged…

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Only child awarded $350,000 after being left out of will


A Cessnock woman has been awarded over $350,000.00 after being left out of her father’s will. The Plaintiff, Ms Campbell, was the only child of the deceased. Her father, who died in 2013, made no provision for her in his will dated in 2011. He left the entirety of his Estate…

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Man receives $85,000 after living with deceased in close relationship


A man has received $85,000.00 after being found to be living with the deceased in a close relationship. The Plaintiff, being Mr McCarthy, is 50 years of age. He obtained an Associate Diploma of Civil Engineering from the University of South Australia. Prior to 2002 he worked as an engineer…

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De-facto partner makes a claim for Family Provision in Victoria


Our client, a resident of Northern New South Wales, contacted GMP Contesting a Will Lawyers following the death of her de-facto partner. The deceased left an Estate worth approximately $900,000, the entirety of which was left to his 5 children from previous marriages. Our client was left with no provision…

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Former wife left out of her former husband’s Will. Makes a claim and wins


A former wife of the deceased, was not provided for under the last will and testaments of the deceased. She sought advice about contesting a will and made the decision to instruct GMP Contesting a Will Lawyers to assist in resolving the will dispute. The Plaintiff in this claim contacted us seeking…

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Smith v Johnson [2015] NSWCA 297 Court of Appeal Supreme Court New South Wales – Judge Decreases Provision from Will


Almost a year on and the drama continues. In one of our previous case commentaries on the court judgment Andrew Robert Stuart Johnson v Karen Elizabeth Smith and David Charles Johnson [2014] NSWSC 1682 heard on 27 November 2014 before Kunc J, the Court had awarded the youngest sibling in the proceedings, Andrew…

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Husband contests will of deceased wife after she leaves estate to her children


GMP Contesting a Will Lawyers was approached by a man who recently transferred his 50% share of his home to his new wife. Upon her death, the 50% share was left to her children. Our client sought advice about contesting a will in NSW. After his first consultation he was advised…

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Brisbane adult son left out of his father’s estate makes a family provision claim and wins


In this particular case, we represented an adult child who was left out of his late father’s estate. He was in a significant amount of shock and had no response when attempting to talk to the executor of the estate. He consulted our expert Lawyer. He was advised that when contesting…

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Newcastle women makes a claim against her late father’s estate and wins


GMP was contacted by a lady who had not been provided for by her late father. The firm initially provided her with advice on contesting a will in NSW, and how best to proceed with the will dispute claim. In this relatively large estate, the deceased left his entire estate to our…

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Father leaves entire estate to a charity. Adult daughter makes a family provision claim and wins


GMP was approached by this particular client who was seeking advice on how to contest a will in NSW and was asking for information on how GMP Lawyers could assist her in her particular circumstances. Her late father, whom she had a close relationship with, had left his entire estate to a…

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Daughter Contesting a Will awarded provision from a joint bank account


Our client approached GMP Contesting a Will Lawyers following the death of her father in 2014 to enquire about Contesting a Will in NSW. The NSW Central Coast man died leaving behind a wife and two adult daughters. His last will and testament left the entirety of his estate to his…

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Estranged daughter contesting a Will receives inheritance


An elderly women from Sutherland passed away leaving three adult children. At the time of her death she held approximately $600,000 worth of assets. In her last Will and Testament the deceased woman left her estate to be equally shared between two of her three children. The third child, her…

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Caring daughter successfully settles family provision claim against mother’s ACT estate


Our client always had a loving and close relationship with her mother; she attended upon her domestic needs weekly, particularly when her mother was ill a couple of years before her passing. So she was understandably shocked when she was informed that she was to receive only an amount of…

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Estranged daughter settles family provision claim out of court


At 18 months old, our client, Ms T’s parents separated and she lived with her mother in the ACT before moving to NSW at the age of 12. Ms T’s father remarried and she had some contact with him over the years, spending holidays and weekends with him and his…

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Daughter from Canada makes successful claim on father’s estate in Victoria


GMP Contesting a Will lawyers were contacted by our client from Canada after learning that her biological father had passed in Victoria and had not included her and her sister, the second plaintiff, in the will. In the late 1960’s our client moved from Australia to Canada with her family. After years…

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Biological son, left out of the will. Makes a claim and wins big!


Gerard Malouf and Partners were approached by a client who explained that he was a biological child of a Chinese national.  During his life in Australia, the deceased acquired a significant amount of wealth exceeding $5 million. Unfortunately for our client, the deceased had remarried later in his life. He…

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Quick and just will dispute result for 3 adult children left out of their father’s will


GMP Contesting a will lawyers were approached by 3 siblings who had been left out of their father’s will. Their father lived in a property he owned on the NSW South Coast. At the time he died he left his house and all other assets and personal items to one daughter, leaving…

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Estranged Biological Son Contests Fathers Will


GMP was approached by our client whom provided Mr Garbis Kolokossian with instructions that he was an estranged son. His father had recently passed away leaving the entire estate to his two biological sisters. After careful consideration of the facts, our client was advised of the potential risks in cases…

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Biological daughter makes a family provision claim and wins $300,000


GMP Contesting a Will Lawyers was contacted by our client who learnt of the passing of her mother via a Facebook post put up by a friend of hers. After the initial shock of learning about her mother’s passing in that way, our client made immediate contact with the family…

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Disinherited daughter’s to receive over $800,000 after taking on step mother


Two sisters contacted GMP Will dispute lawyers seeking advice about a Family Provision Claim after being left out of their father’s will. Our clients father had re-married many years before and his main asset was a home in Sydney’s Northern Suburbs worth $4 million. This home was owned jointly with this wife,…

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Client Settles for $200,000 on Mother’s Bega Estate


A client contests his deceased mother’s Bega estate, settling a claim for $220,000.00 in just 9 short months after being unfairly treated in his mother’s will. Contesting a will is often daunting but with the right assistance positive resolutions can be achieved. After the death of his mother our client was…

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Son contests mothers Will in Central NSW and receives over $1,000.000


Our client, a son of the deceased, contacted GMP Contesting a Will Lawyers when he learnt that the deceased, had not adequately provided for him in her the will. Our client explained to David Cossalter, a senior and extremely successful Contested Wills Lawyer, that his skill and expertise, coupled with…

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Granddaughter Contests Will of Grandmother and Receives Significant Settlement


Our client, a granddaughter of the deceased, contacted GMP  Contesting a Will Lawyers, when she learnt that the deceased, had not adequately provided for her and her brother in her last will and testament. Our client explained to David Cossalter, a senior contested wills lawyer, that she lived with her…

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Nephew Settles a $70,000 Claim On His Aunt’s Kingsford Estate


A nephew contests a will of his aunt, settling a claim for $70,000 on her Kingsford estate after being unfairly left out of his aunt’s will. The nephew had a close relationship with his aunt. When he was 5 years old, his mother fell ill and he was sent to live…

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Justice for Son left out of Father’s will


A father of 3 from the inner west died leaving his home as his only asset. One of his daughters had lived with him in this home throughout her life and was living there still at the time of his death.  In his last will and testament the deceased father…

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Step Daughter from St Clair Makes Successful Claim on $200,000 Estate


A lady from St Clair contacted GMP Contesting a Will Lawyers requesting advice in relation to contesting a Will of her late Step-Mother who passed away almost twelve months prior. Initially our client was advised that she was eligible to make a claim and was advised on the process of contesting a…

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Daughter Faces Abuse and Harassment, Settling a $250,000 Claim On Her Father’s Hornsby Estate


Contesting a will is often a time of conflict in families.  Sometimes this conflict can escalate into intimidation and harassment.  In a recent contesting a will case settled by David Cossalter of Gerard Malouf and Partners, a daughter who faced such abuse and, against the odds, secured a $250,000 settlement on…

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Man receives $50,000 from Step Grandfather’s Estate


Our client shared a close relationship with his grandfather throughout his childhood. It was not until later in his life that he learned his grandfather was in fact his step-grandfather and not his biological grandfather. The lack of blood tie did not impact in any way on their relationship. Our…

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Step –daughter receives provision from her step-mother


Our client’s father died when she was just 25 years of age.  His estate was left to his wife at the time, our client’s step-mother. When our client’s step-mother died in 2014, she left the entirety of her estate to her nieces, neglecting to make any provisionfor our client, her step-daughter.…

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Son Contests the Will of his Mother Who Left Everything to Charity


GMP Contesting a Will Lawyers was contacted by this particular client from Freshwater in early 2015. On this occasion, the client sought advice on what his rights and entitlements were to make a claim for provision, to contest the Will and what steps needed to be taken to obtain a…

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Biological Daughter Left out of Will Makes a Family Provision Claim on Fathers Estate


GMP Contesting a Will Lawyers was instructed by our client from Panania in relation to the circumstances surrounding her father’s passing. We were instructed that our client’s father passed away leaving a Will gifting his entire estate to be divided in five parts to his second wife and various friends…

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Son secures Half a Million Dollars From Late Father’s Estate


Our client’s father left his Greendale Estate to his five children and their families in trusts, with vesting dates 60 years after his date of death. Two of our client’s siblings were left a significantly larger amount than our client. Our client, from Sydney, contacted GMP Contesting a Will Lawyers…

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Daughter who had Strained Relationship with her Mother Settles Claim for $575,000


Our client’s mother passed away leaving her a much smaller share of her extensive NSW Estate, than the amount left to our client’s siblings. This upset our client as her mother had also provided greater financial assistance to her siblings than her over the years. Our client, from the Penrith…

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Adult son receives $200,000 following Family Provision Claim on late fathers Estate


A man from Sutherland died leaving an estate worth approximately $2 million dollars to his de facto wife. The man’s estate consisted of his property in Sutherland worth approximately $1.3 million dollars and saving and cash deposits worth $700,000. When he died he had one surviving adult child. He left…

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