Two NSW Sisters Left Out of Mothers Will Contest and achieve over $200,000

Published 03 Mar 2015

Author: Garbis Kolokossian

GMP Contesting a Will Lawyers were contacted by two Sisters who were left out of a Will. At the time, they had no idea that this enquiry would eventually see them achieve a combined result of over $200,000.

Initially our clients sought advice with respect to what is required when contesting a Will. After the initial conference, our clients were advised of the grounds for contesting a Will and furthermore, were advised of the estimated costs of contesting a Will in NSW.

Our clients, who were always very close and loving towards their Mother, maintained a healthy relationship with their Mother throughout their whole lives. Towards the latter stages of their Mother’s life, she befriended a person who was not known to the family.

During this time, the Deceased became very distant from the children, shutting them out of all aspects of her life and providing very little opportunity to communicate with her. This was a very difficult time for our clients. Notwithstanding the fact that the Deceased did not include our clients in her life, our clients continued to attempt to contact their Mother and maintain a close relationship.

After their Mother passed away, our client’s learnt that the entire Estate was left to a new friend. Our clients discussed the Last Will and Testament of their Mother which involved the “so called friend” and explained that they were of the view that they both had good grounds for contesting the Will, however, wanted to refrain from doing so, so long as an amicable resolution could be sought.

Both our clients were in similar financial circumstances. They both owned their own home and had mortgages and had young children.

Our clients were grateful to their Mother’s friend for assistance and companionship that he provided, however, after speaking to Gerard Malouf and Partners, and being advised on how to contest the Will, our clients instructed our Office to try and resolve this issue without incurring significant costs.

At the early stages of the claim, the Defendant in the proceedings (the main beneficiary) was being very difficult.

After commencing proceedings and preparing all the relevant Affidavit evidence required, the parties met at a mediation conference. On this occasion a number of Offers of Settlement were conveyed and our clients received by way of Settlement the bulk of their Late Mother’s Estate.

The two NSW sisters were very satisfied with the results, knowing that we were able to resolve the contesting a will claim and they were able to receive what was rightfully theirs.

Our clients, at the conclusion of the matter, said to Garbis Kolokossian “Contesting a Will, was not as hard as I thought it was going to be. You made our life easy, stress free and guided us every step of the way. We are not happy that we were forced to make a claim by contesting a Will, but I am happy that I chose GMP Contesting a Will Lawyers to assist us in achieving the best possible result.

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