Justice for Son left out of Father’s will

Published 13 Jan 2016

Author: Richele Nelsen

A father of 3 from the inner west died leaving his home as his only asset. One of his daughters had lived with him in this home throughout her life and was living there still at the time of his death.  In his last will and testament the deceased father left his house to the daughter that had been living there with him. His other 2 children were left out of the will, receiving no benefit from his estate.

Upon receipt of his father’s will our client contacted GMP will dispute lawyers to find out about challenging a will in NSW and making a claim for Family Provision. Our client was in a position where he and his wife had a mortgage owing on their property of approximately $90,000 and some small credit card debts. Both he and his wife were working and their everyday expenses were being met by their income to a point where they were breaking even. This meant however that our client and his wife were not able to make any savings to set aside for their future. On this basis our experienced will dispute lawyers commenced a claim for Family Provision on our client’s behalf.

The daughter who was left the estate property had several health issues and was working on a part time basis. She had managed to set aside assets of her own worth approximately $200,000, but was relying on them to supplement her income from her part-time work.

The deceased’s third child was financially well off and as such did not make a claim for provision from the estate.

Our client’s claim was scheduled for a mediation to allow the parties to discuss the matter and negotiate possible settlement ahead of any court hearing. We were able to successfully negotiate a settlement of our client’s claim on the basis that he was to receive $100,000 plus his legal costs paid from the estate.

Our client was ecstatic with the outcome as it allowed him to pay off his mortgage and debts, giving him the opportunity to accumulate savings from his income which he had been unable to do whilst paying off his mortgage. We were able to achieve a favourable result for our client without the need of lengthy court proceedings and within 5 months of commencing proceedings.

Have you been left out of a Will? Do you have an enquiry about Family Provision matter or contesting a will? Call our will dispute lawyers today for obligation free consultation. 

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