Mediation Wins Daughter $120,000.00 After Being Left Nothing Under the Will

Published 02 Nov 2012

Author: Garbis Kolokossian

This is a case where we represented a daughter of the deceased being one of three children. Within 11 months we achieved a brilliant result for her via contesting a will mediation.

Facts

Our client had a good relationship with her mother however had not resided with her or been dependant on her for some 20 years.

She was always a very caring and loving daughter, made herself available for mum and assister her in every way possible.

Unfortunately our client, due to some financial difficulties, lost her main form of employment and soon after separated from her husband. Our client had no assets, was renting, and was living week to week.

Our client was recently diagnosed with cancer, kidney problems and serious orthopaedic problems.   

Our client’s sister, the main beneficiary of the estate was born with a disfigurement. This sister was more than capable of finding employment and living independently. She never did. She lived with mum and forced mum to support her through out her whole life. After her mothers death she was left the entire estate. 

Settlement

Garbis Kolokossian immediately took instructions from our client, put the estate on notice and shortly after obtaining all relevant material, conveyed an offer of settlement to try and resolve the matter between the parties. He then finalised our client’s affidavit and litigated the matter.

Within 11 months of notice being given to the estate, offers of settlement were conveyed, affidavits had been drafted and the matter was commenced in the Supreme Court of NSW and referred to Mediation. At the Mediation it had become evident that the estate’s size was only $315,000.00. In the scheme of things this was a very small estate and a very tough ask of Gerard Malouf and Partners to obtain our client a great result. After 5 hours of continuous negotiations Mr Garbis Kolokossian was able to obtain a result for our client allowing her to walk away with over $120,000.00 clear in her pocket which was over 40% of the size of the estate. The client was over the moon, was extremely happy with the speed upon which Gerard Malouf and Partners was able to fast track the matter, minimise costs and obtain a very favourable result.

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