Favourable Settlement Result for Client after Mother was Manipulated by Sister

Published 19 May 2015

Author: David Cossalter

GMP Contesting a Will Lawyers represented a client in a NSW contesting wills matter where his mother passed away leaving a small estate valued under $400,000.00. The deceased left each of her seven sons $2,000.00 and the rest of her estate to her only daughter. While the estate was a small estate, with many beneficiaries, GMP Contesting a Will Lawyers were able to achieve a favourable contesting a will result for our client as the mother was manipulated by the sister.

Our client’s sister enjoyed being in control. After the death of their father our client’s sister began taking advantage of their mother’s vulnerabilities. Our client’s sister told their mother lies about her siblings and would intercept their attempts to communicate with their mother. By the time she passed away our client’s mother had changed her will to leave most of her estate to her daughter, which gave rise to a will dispute.

Our client instructed GMP Contesting a Will Lawyers to engage the solicitors for the estate, or commence a contesting a will action, because he felt that he was unjustly treated under his mother’s will. David Cossalter identified that it was very important to settle this will dispute quickly to save legal costs as the estate was small and the deceased had many siblings. We attempted to negotiate with the executors on behalf of our client. However, the executors of the estate did not make any reasonable offers until we served them with formal Court proceedings making a formal contested will claim. We were able to settle the matter within four months of serving the formal Court application on the executors. Our client was very happy that we were able to secure an increase of $50,000.00 in the provision made for him under his mother’s will as this reflected a more just distribution of the estate.  

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