Published 16 Jun 2015
Author: David Cossalter
Our client was completely left out of her father’s will, which stated that all of his estate were to be left to our client’s brother. Our client was uncertain with the process for contesting a will and so she contacted David Cossalter of our office who was able to ensure that Family Relationships were protected.
Our client came from a close knit family and, as she was the first of her siblings to become employed, assisted her father to buy their first family home. After our client got married and moved out of home she again contributed to her father’s assets by providing him with $80,000 to assist with renovations to the family home. Our client transferred her interests in the family home to her brother who in exchange transferred his interest in another property to our client pursuant to a family business arrangement protecting assets from Bankruptcy, no money exchanged.
Our client’s father left a relatively small estate. He left a widow and did not provide for her. It was the brother’s intention to sell the house and as such the mother would be left homeless.
Initially our client was the only party contesting her father’s will. David Cossalter commenced court proceedings in this matter and simultaneously engaged in negotiations with the estate solicitors. It was always our client’s intention to ensure that his mother was protected as she did not want to start Court proceedings against her son.
David Cossalter was working towards a positive outcome for our client. However, after much deliberation, our client’s mother finally decided to contest the will causing the dynamic of the negotiations changed. As it was never our client’s intention to financially gain from the will dispute matter, we received instructions to withdraw the proceedings on the basis that her mother would receive her late father’s interest in the family home. This result was achieved.
This is an unusual matter as GMP Contesting a Will Lawyers were able to achieve our client’s goals while maintaining positive family relationships. Our client did not financially benefit from this outcome in the short term however as his mother now has assets in her own right, in the future she may benefit from that estate. A pleasing result.
If you are thinking of contesting a will or you are involved in a will dispute, contact David Cossalter of our office. David is a very experienced member of our staff who is also sympathetic to the needs of clients.