Published 29 Oct 2015
Author: David Cossalter
Our client’s mother passed away leaving her a much smaller share of her extensive NSW Estate, than the amount left to our client’s siblings. This upset our client as her mother had also provided greater financial assistance to her siblings than her over the years.
Our client, from the Penrith area, had a limited understanding of the process involved with contesting a will, so she contacted the experienced Will Disputes Team at GMP Contesting a Will Lawyers who promptly met with her at our Penrith Office to discuss her options.
Our client had a changing relationship with her mother over the years. After our client got married her relationship with her mother became strained due to disagreements between her mother and her husband. Over time our client was able to re-establish her relationship with her mother, especially after the birth of her first child and the shared joy which this brought. Even when issues arose again between our client’s mother and husband, our client maintained some contact with her mother.
Our client’s financial circumstances were good as she owned her own home as well as investment properties. However, our client did not have sufficient superannuation for a person of her age. Also our client and her husband suffered from ongoing medical conditions. Given the size of the estate GMP argued that our client should be afforded a larger portion of the estate to maintain her standard of living that which is expected throughout her life. This is an argument that is presently being accepted by the New South Wales Supreme Court were a plaintiff is contesting a will.
David Cossalter of GMP Contesting a Will Lawyers commenced proceedings in this matter however he was able to achieve a great outcome for our client in settlement negotiations. An offer of $575,000 was made to our client and she was happy to accept this offer. After settling her matter our client had this to say:
“I was initially uncertain about contesting a will but David was very understanding and I’m very happy with the end result.”
Have you been unfairly left out of a Will? Perhaps a loved one did not provide for you as they should. Time limits apply. Call GMP now on 1800 004 878 and speak to one of our expert lawyers.