Son contests mothers Will in Central NSW and receives over $1,000.000

Published 17 Feb 2016

Author: David Cossalter

Our client, a son of the deceased, contacted GMP Contesting a Will Lawyers when he learnt that the deceased, had not adequately provided for him in her the will. Our client explained to David Cossalter, a senior and extremely successful Contested Wills Lawyer, that his skill and expertise, coupled with his readiness to work on the properties in the Estate increased the overall value of the Estate. Our client had numerous questions about contesting a will and whether he met the grounds to contest a will.  Our client was successful in his claim and received $1,026,500.00 plus plant, equipment and a property valued at over $400,000.00.

Our client provided a considerable amount of economic and non-economic support to his mother. He increased the value of the Estate by working on the property and providing extra support during environmental disasters. Additionally, our client lived with his mother and did not advance his career in other areas. Whilst our client had been left a share in the will, this was not commensurate of the support he provided.  Our client required extra financial support as he was suffering financial hardship. 

It was explained to our client, at the initial conference, that he was eligible and fell within the criteria of persons that could consider contesting a will.

During that initial conference, the client was provided with valuable information on what needed to be prepared and what information was needed when contesting a will.

The matter was commenced in the Supreme Court of New South Wales by filing and serving a  Summons on the Executors of the Estate. After lodging a Notice of Eligible Persons, affidavit of the client and an affidavit of Mr Cossalter, the parties attended a court mandated private mediation.

The claim successfully settled and our client was awarded $1,026,500.00 plus plant and equipment and a property valued over $400,000.00 from the Estate.

This case shows that no matter is too complicated for the talented and dedicated solicitors at GMP like Mr Cossalter who will try and achieve a fair settlement every time.  

Please contact GMP Contesting Wills Lawyers if you think you have a case, on 1800 004 878 or complete our email enquiry form.

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