Biological Daughter Left out of Will Makes a Family Provision Claim on Fathers Estate

Published 02 Dec 2015

Author: Garbis Kolokossian

GMP Contesting a Will Lawyers was instructed by our client from Panania in relation to the circumstances surrounding her father’s passing. We were instructed that our client’s father passed away leaving a Will gifting his entire estate to be divided in five parts to his second wife and various friends and members of his extended family.

Our client sought the advice of GMP on how to contest the Will and sought general advice with respect to how to seek family provision out of an estate.

After considering the brief facts, Mr Garbis Kolokossian of our office provided our client with advice and opened up a file. We initially put the estate on notice of our intention to contest the Will and immediately started obtaining the evidence necessary to put together a strong case for provision out of the estate.

We soon learnt that there were significant problems in the relationship between the deceased and our client. In fact, the deceased and our client were estranged for almost a decade.

We also learnt that our client had acquired a number of assets and was financially independent. 

Whilst other firms had rejected our client and told her that she had no claim because she had no need, GMP was convinced of the merit associated with this claim and immediately took on the claim with a view of obtaining the best possible result.

After putting together the relevant Affidavit evidence, Mr Garbis Kolokossian of our office prepared the Summons and immediately filed proceedings in Court.

Within twelve months from the date of the deceased’s passing, we were able to have the matter referred to Mediation at which point in time the parties were able to negotiate with a view of being able to achieve a settlement. 

After an extensive period of negotiation, we are pleased to note that our client was able to achieve a fantastic result of in excess of $150,000.00.

We confirm that GMP was able to minimise the costs associated with this claim by progressing the matter quickly and in an efficient manner.

Given our experience and knowledge in the area, we were able to involve the services of a Barrister relatively late which also saved our client money. Our client was extremely surprised and extremely satisfied with the result.

If you have any enquiries with respect to how to Contest a Will, Family Provisions matters generally, Estate Litigation or how to know whether or not you have an entitlement to claim, please do not hesitate to contact our office at GMP where we will be prepared to provide you with preliminary advice, on an obligation free basis.

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