Daughter from Canada makes successful claim on father’s estate in Victoria

Published 10 May 2016

Author: David Cossalter

GMP Contesting a Will lawyers were contacted by our client from Canada after learning that her biological father had passed in Victoria and had not included her and her sister, the second plaintiff, in the will.

In the late 1960’s our client moved from Australia to Canada with her family. After years of physical and emotional abuse by her father, our client’s mother divorced the deceased and he moved back to Australia. Our client was estranged from her biological father for nearly 20 years.

In the mid 1990’s, our client reconnected with her father, and learnt that he had remarried and now had a family of his own in Australia. Over the years, our client and the deceased remained in regular contact, exchanging birthday cards, Christmas cards and letters.

In late 2012 our client learned that her father had passed and he had not provided for her and her sister in his will. Unaware of her rights and entitlements, our client sought advise from a senior and experienced will dispute lawyer, Mr David Cossalter in respect to making a claim for provision out of her late father’s estate.

Our client and her sister, regardless of the fact that they were estranged from their father for 20 years, were eligible under the family provision to make a claim and contest the will.

While proceedings were filed in the Supreme Court of Victoria, Mr Cossalter, understanding that our clients had to travel from Canada to Melbourne for the proceedings, wished to save them further costs and delay, and began mediation with the defendant to have the matter resolved as soon as possible.

Negotiations commenced and offers were put forward. Anxious to resolve the matter and avoid litigation, the plaintiffs accepted the final offer and were awarded a total amount of $100,000 from their father’s estate.

This case shows that regardless of how complicated your relationship may be with a biological parent, or the fact that you live in another state or country, you may be eligible to a make a claim and successfully contest a family members will.  Our talented and dedicated solicitors at GMP will fight for your rights and entitlements, ensuring that a fair outcome is achieved.

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