Daughter contests her mother’s will and receives major settlement

Published 30 Sep 2015

Author: David Cossalter

Our client who was from the Hills District in Sydney, wished to make a claim for further provision out of the estate of her late mother. The estate had been left equally to our client’s 2 sisters. Our client had made great attempts to maintain contact with her mother throughout her life, and felt that it was unjustified for her mother to leave her out. As such our client contested her mother’s will and received a major settlement.

Our client had a good relationship with her mother for most of her life. Our client invited her mother to live with her after her husband, our client’s step-father, had passed away. Troubles began to arise in the relationship between our client and her mother when our client was experiencing difficulties within her own marriage. Our client told her mother of the abuse that she was suffering at the hands of her husband, but she did not receive any support from her mother. On the contrary, our client’s mother sided with her son-in-law, and accused our client of being a liar. Our client tried to appeal to her mother on more than one occasion, but she was unsuccessful. This effectively brought an end to our client’s relationship with her mother. Our client was motivated to contest a will based by these facts.

Our client was in good financial circumstances, as both her and her partner had steady sources of income, and owned their family home. However, our client did have a mortgage and other debts.

Our client, instructed Gerard Malouf and Partners to represent her, as she was impressed by the compassion and knowledge of David Cossalter, the solicitor with carriage of her matter. David is an experienced Will Disputes lawyer and was able to assist our client throughout her matter. David commenced proceedings in the Supreme Court of New South Wales, in order to protect our client’s rights to contest a will.

Due to the size of the estate, this matter was referred to a private mediation. Our client was initially wary of attending a mediation, due to the strained relationship between her and her siblings. However, due to the informal nature of the mediation process, and the quality legal advice that was available to her, our client became more comfortable with the process. Our client instructed us to put an offer in excess of $300,000 to the Defendants, who accepted the offer.

Our client was very grateful for the support that she received from the experienced team of contesting wills solicitors at Gerard Malouf and Partners. Our client was also happy to be able to put the issues, which she had with her mother, behind her and move on with her life.

If you or somebody you know is considering contesting a will, be sure to contact the experienced team of Will Dispute Lawyers at Gerard Malouf and Partners.

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