Contesting a Will Client Triples Provision Under his Mother’s Will

Published 09 Jun 2015

Author: David Cossalter

Our client had a close relationship with his mother throughout her life. It was an extreme surprise to him when, upon his mother’s passing, he was only left $35,000.00. Our client contact the experienced contesting wills team at GMP Contesting a Will Lawyers who were able to mount an effective will dispute matter and secure an amount which was triple the provision left to him under his Mother’s Will.

Our client and his mother had regular contact and lived near one another on the Central Coast of NSW. Our client used to help his mother with her grocery shopping and would visit her regularly with his children. Even after our client moved to the country to raise his young children, he continued to have regular telephone contact with her.

Upon reading the will our client discovered that his mother had left the majority of her $500,000.00 estate to his older brother. During her life time our client’s mother had significantly helped his brother, and she promised to even things out in her will. This did not occur.  

Our client was worried about his financial circumstances as he was retired, did not own any property and did not have any superannuation. Our client and his wife both had serious health issues which were adding to the fear that his retirement would be difficult. As a result of these factors, and his mother’s promises, our client decided to contest his mother’s will.

David Cossalter from our team of experienced contesting a will lawyers attempted to negotiate with executors on his behalf prior to Court litigation. However, no reasonable offers were made by the executors and we then commenced Will dispute Litigation in the Supreme Court of NSW. As part of the process, the parties were required to attend Mediation where the executors then made an offer of settlement for $110,000.00. Our client was very pleased with this figure as it effectively tripled his entitlement under his mother’s will. The matter resolved without need for a long Court Trial.

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