Published 13 Aug 2015
Author: Richele Nelsen
Mrs T contacted our office after discovering her father had died some 14 months prior. Mrs T’s father resided in NSW and according to the law of NSW a claim on an estate for family provision must be brought within 12 months of death. As Mrs T was unaware of her father’s death until after the expiration of this 12 month period she contacted Gerard Malouf and Partners to see if she could make a claim on the estate. Our experienced contesting Wills lawyers were able to commence legal proceedings immediately and provide a sufficient explanation, allowing Mrs T’s claim for family provision to be brought against the estate.
Mrs T was unaware of her father’s death due to a breakdown in their relationship some 20 years before. The deceased was an alcoholic and had been abusive towards Mrs T throughout her life which lead to the eventual breakdown in their relationship. In some cases a breakdown in the relationship can prevent applicants from succeeding in a family provision claim, however we were able to successfully argue that this should not be the case in relation to Mrs T and her father.
At the time of the family provision claim Mrs T was 60 years old, working part time and had a small mortgage outstanding over her property of approximately $50,000. The estate was worth approximately $1.2 million dollars and had been left to the deceased’s long-time friend.
Our Will dispute lawyers were able to reach a settlement with the estate whereby our client was to receive $400,000 from her late father’s estate. These funds were to be utilised to pay off her mortgage and assist with planning for her future and retirement. We were able to reach this settlement without the need of proceeding to a Court Hearing or without lengthy delay. Our client was ecstatic with the result and was able to receive closure following a breakdown in the relationship with her father and his eventual death.
Have you been left out of a Will? Do you think you should claim on an estate? Contact our experienced Will dispute lawyers today on 1300 768 780.