Biological daughter makes a family provision claim and wins $300,000

Published 29 Mar 2016

Author: Garbis Kolokossian

GMP Contesting a Will Lawyers was contacted by our client who learnt of the passing of her mother via a Facebook post put up by a friend of hers.

After the initial shock of learning about her mother’s passing in that way, our client made immediate contact with the family and organised her mother’s funeral. Our client was shocked to learn that her mother had left her entire estate to a number of charities.

Our client sought the advice of the lawyers at GMP. During the initial conference, she was provided with advice on how to contest a Will, what the grounds for contesting a Will are and what features a Court looks for when somebody is contesting a Will.

After considering the grounds to contest the Will, our client was advised that she had reasonable prospects of success. Generally speaking, our client was a person who had a normal relationship with her mother. At no stage was there any arguments or any estrangement.

Our client did not reside close by and so would see her mother on four or five occasions each year and would speak to her on the phone at least once a month. For reasons that were not known to our client, she was excluded from the Will and received no benefit.

After seeking the advice of GMP, she gained the confidence to make a claim. The executor’s of the Will were initially extremely resilient towards our client’s claim and refused to negotiate in good faith.

With a view of ensuring that our client was able to contest the Will within the time limits, we immediately prepared the Summons and supporting Affidavit material. After forcing the Defendant to carefully consider our client’s claim, the parties were forced to attend a Mediation conference.

After a four hour Mediation conference, our lawyers were able to achieve a fantastic result for our client where she received the better part of $300,000.00 clear in her pocket. Our client expressed her gratitude to Gerard Malouf and Partners. Another satisfied client and a fantastic result.

If you find yourself in the same or similar position, we encourage you to make contact with us. GMP Contesting a Will Lawyers will be able to advise you in a short period of time as to the prospects of a successful claim and will be able to advise you as to what steps need to be taken when contesting a Will.

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 entitlements to claim, please do not hesitate to contact our office where we will be prepared to provide you with preliminary advice on an obligation free basis.

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