Father leaves entire estate to a charity. Adult daughter makes a family provision claim and wins

Published 28 Jun 2016

Author: Garbis Kolokossian

GMP was approached by this particular client who was seeking advice on how to contest a will in NSW and was asking for information on how GMP Lawyers could assist her in her particular circumstances.

Her late father, whom she had a close relationship with, had left his entire estate to a well-known charity.

When initially approached, the charity made it clear that they had no intention of sharing her late father’s estate fairly.  Notwithstanding the attitude of the charity, our client made a number of propositions to try and open the lines of communication. Various offers were conveyed and an attempt to find a middle ground was undertaken. Unfortunately this all failed and our client had no choice but to take legal action to receive justice.

Our client had significant need, both financial and medical and had no other person she could rely upon for assistance.

GMP provided her with initial advice on how to contest a will, who can contest a will and what she could expect when contesting a will.

She instructed our lawyers to proceed with her claim. The file was very quickly prepared and proceedings were commenced in the Supreme Court of NSW as soon as possible.

Without the need to incur unnecessary legal fees, Affidavit evidence was filed and the parties participated in settlement discussions with a view of attempting to resolve the matter.

GMP negotiated a great settlement for this client whereby the majority of the estate would be distributed to her with a fraction of the estate being gifted to the charity. 

In this case, an adult daughter sought advice about a will dispute that existed, instructed an experienced firm to represent her interests in contesting a will and received a fantastic result.

If you are an adult child and your parent has not adequately provided for you in his or her last will and testament and you would like advice on contesting a will, how to contest a will and wills disputes generally, please contact GMP Contesting a Will Lawyers for your first free consultation.

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