Published 31 May 2016
Author: Richele Nelsen
An elderly women from Sutherland passed away leaving three adult children. At the time of her death she held approximately $600,000 worth of assets. In her last Will and Testament the deceased woman left her estate to be equally shared between two of her three children. The third child, her eldest daughter, was excluded from her will and was to receive nothing from her estate. Upon receiving this news the eldest daughter contacted Gerard Malouf & Partners Will Dispute Lawyers to enquire about contesting a will in NSW.
Our client was left out of her mother’s will following a falling out approximately 20 years before her death. The falling out appeared to be over a trivial issue however both our client and her mother were too stubborn to try and reconcile their differences. Much later in life our client approached her mother to try and reconcile their relationship but she was turned away. The deceased’s will specifically stated that she made no provision for her eldest daughter due to the estrangement for many years. Despite this fact our will dispute lawyers were confident of a successful claim for family provision on behalf of our client.
Our client was in her 70’s, married and living in the Sutherland area with her husband in an unencumbered home. Her husband also had an investment property however this was subject to a mortgage of some $400,000. The investment property was negatively geared and not providing our client and her husband with any income.
Our client’s siblings were both financially well off and it was for this reason that our will dispute team were confident they would achieve a result favourable for our client by demonstrating she had a need for provision and that there was sufficient funds in the estate to meet that need.
A family provision claim was commenced in the NSW Supreme Court. Following the commencement of these proceedings and exchange of evidence setting out our client’s claim and basis of contesting a will, the parties participated in settlement discussions. We were able to successfully negotiate a settlement on our client’s behalf whereby she received in excess of $90,000 for her claim. We were able to reach this settlement without the need of a costly or lengthy court hearing. Our client was able to utilise these funds to ease her financial pressures and set aside a nest egg for the future.
Have you been left out of a will? Are you thinking about contesting a will? Contact Gerard Malouf & Partners experienced will dispute lawyers today.