Will Disputed after Daughter left out of father’s will despite promises made
Published 09 Oct 2013
Author: David Cossalter
Our client’s father passed away and did not provide sufficiently for her in his will. Our client was in need of financial assistance as she had very little by way of superannuation, savings and did not own her home.
Our client was left nothing when her mother had passed away some years earlier. Our client was not concerned with this as she had been made several promises by her father during his lifetime that he would look after her upon his passing. Our client relied on her father’s promises and did not make a claim on her mother’s estate.
Our client’s father, remarried and left all of his real estate interests to his wife. Our client was only left a one-eighth share in her father’s liquid assets, an amount which represented $5,000.00.
This was grossly unfair as our client would have contested her mother’s estate had she been aware that her father would not keep the promises made to her. Our client contacted GMP Will Dispute Lawyers to rectify this injustice, however was very conscious of the fact that the estate had a total value of $210,000.00 and wanted to keep litigation costs to a minimum.
Upon receiving instructions in this matter we advised our client that she would be able to make a claim on her father’s estate. This was primarily due to the unfair distribution of assets in his will, and the promises he made her during his lifetime.
On account of the unresponsive attitude of the estate, we were forced to commence Court proceedings. Following this, we were able to convince the estate that regardless of the fact that our client’s father and his wife had shared a 25 year relationship, the promises made warranted a reasonable provision for our client.
Our will dispute lawyer was able to negotiate with the estate and were able to secure $50,000.00 for our client. As we acted quickly we were also able to keep legal fees to a minimum.
This was a brilliant result as we were able to resolve the matter quickly and without a formal court hearing.