Published 15 Mar 2016
Author: Richele Nelsen
Two sisters contacted GMP Will dispute lawyers seeking advice about a Family Provision Claim after being left out of their father’s will. Our clients father had re-married many years before and his main asset was a home in Sydney’s Northern Suburbs worth $4 million. This home was owned jointly with this wife, our clients’ step mother.
Following an initial conference with our clients, Ms Richele Nelsen, one of GMP’s leading contesting a will lawyers, was confident that she would be able to obtain a successful outcome for both sisters. GMP acted quickly in obtaining the evidence required to commence a Family Provision claim.
Each of our clients shared a close and personal relationship with their father and were completely shocked when they were told of the contents of his last will and testament.
Proceedings were commenced in the NSW Supreme Court disputing a will and seeking provision from the deceased Estate. We collated the appropriate evidence and drafted affidavits in support of each of our respective clients’ claims detailing their relationship with their father, their financial circumstances, and most importantly, their need for provision from the Estate.
The step mother initially took a hard line trying to defend our clients’ claims for provision. Our experienced will dispute team sought production of documents from the defendant demonstrating her financial position, including assets which were owned by her solely and not only those assets she held jointly with the deceased. These documents demonstrated that the step mother had a substantial sum of funds and assets available to her.
We were able to use these documents as ammunition in convincing the step mother to agree to a settlement whereby our clients were to jointly receive in excess of $800,000.
Both clients were happy with the outcome of the proceedings and were very thankful that GMP were able to negotiate a settlement without the need of a court hearing. The funds received from the Estate will be used to assist our clients in clearing their debts and setting aside some funds to plan for their future.
Have you been left out of a will? Do you have an enquiry about challenging a will? Contact our experienced will dispute lawyers today for an obligation free consultation.