Step Grandchild Makes Family Provision Claim and Settles at Mediation
Published 06 Dec 2012
Author: Garbis Kolokossian
We acted for the step grandchild of the deceased who passed away on 3 November 2010.
Our client had a close and personal relationship with his step grandfather for a period of time and resided with him for 2 distinctive periods of time in his life.
He was a member of the deceased’s household from 1972 to 1973 and then from 1998 to 2000.
Once he moved out of the deceased’s house he remained very close with the deceased and would visit him at least once a week.
Our client had financial need. That is to say he did not have a main place of residence, was earning a small income with his wife and had 2 infant children
Our client was left out of the Will completely and with the birth of his child six months prior to seeing our office he was in need for assistance.
What we did
After taking instructions from our client, we contacted the Defendant’s solicitor and put them on notice of our client’s intention to make a family provision claim on the estate.
Mr Garbis Kolokossian prepared the claimant’s affidavit evidence and filed proceedings after making some offers of settlement to try and resolve the matter pre-litigation.
Proceedings were filed on 3 November 2011 and the matter was listed for a Mediation where numerous offers of settlement were conveyed. It was clarified that the estate was valued at approximately $280,000.00 less legal fees.
After many hours of negotiation the parties came to an agreement to resolve the claimant’s Family Provisions Claim for $40,000.00 inclusive of costs. It was the writer’s view that the claimant may have received a greater figure if the matter was to proceed to Hearing however given the small size of the estate and the claimant’s need for closure; he decided to accept the offer of settlement and move on. In order to accommodate the claimant, the partners at Gerard Malouf and Partners reduced their fees substantially in order to allow the claimant to receive the majority of the monies on offer.
The client was extremely happy with the result.