Daughter Successfully Contests a Will After her Mother Kicked her Out

Published 02 Jun 2015

Author: David Cossalter

Our client’s mother left the entirety of her estate to a family friend, leaving nothing to our client and her three brothers. Our client was uncertain of how to contest a will especially as she had been kicked out of her family home. Our client contacted the experienced will disputes team at GMP Contesting a Will Lawyers who were able to quickly and efficiently assist in her contested will matter.

Our client always had a close relationship with her mother up until a few years before her mother’s passing. Our client’s father had died when she was still a child and our client stayed at home to look after her mother. Our client took care of the domestic chores, looked after the gardens and drove her mother where she needed to go. However, our client’s mother had a history of mental illness and as she grew older her condition deteriorated. Our client’s mother became very demanding and easily irritable. One day our client’s mother became infuriated that our client had not mowed the lawn and demanded that our client move out. After this event our client’s mother changed her will to exclude our client and her siblings.

Our client had previously suffered cancer and was suffering from on going illnesses. Whilst our client was not in immediate financial hardship she did not own her own home and she had less than $100,000 in superannuation with no prospects of ongoing employment.

David Cossalter from GMP Contesting a Will Lawyers commenced proceedings the Supreme Court of New South Wales. There were also three other claimants, being our client’s siblings. During negotiations with the estate an offer of $250,000.00 was made by the estate in order to settle our client’s claim. This represented close to one fifth of the estate’s value and our client was very happy to accept this offer as it represented an equal share in the estate.

If you are considering contesting a will make sure to contact our experienced will disputes team. We understand the process of contesting a will and can help you to achieve a better result.  

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