Published 05 Jul 2016
Author: Garbis Kolokossian
GMP was contacted by a lady who had not been provided for by her late father. The firm initially provided her with advice on contesting a will in NSW, and how best to proceed with the will dispute claim.
In this relatively large estate, the deceased left his entire estate to our client’s step mother, a lady whom out client had very little involvement with during her father’s life. Our client never resided with the step mother, was never dependant on her and in short did not anticipate that she would ever provide for her after she passed away.
Our client had a close relationship with her father. She would often see him, would speak to him on a weekly basis and would receive some financial support from her father to contribute towards the financial expenses associated with her children.
It was always pour client’s understanding that her father intended to provide her with provision out of his estate. Unfortunately, before the deceased was able to update his last will and testament, he passed away.
Our client consulted our contesting a will lawyers in relation to what steps if any can be taken to prosecute her claim.
After her first free consultation, she was advised GMP would be able to assist in contesting the will. With that said, it was decided to do all that was possible to try and resolve the matter without having to commence formal proceedings in court. The solicitor acting for the defendant made it clear that they were not prepared to negotiate unless proceedings were commenced in Court.
The estate was immediately put on notice of the impending formal claim. Affidavit evidence was prepared and served on the solicitor acting for the estate.
After a short period of time, the parties participated in a Medication conference in the Supreme Court of NSW.
A formal resolution was achieved. Our client was able to settle on the basis that she was to receive in excess of $180,000 clear in her pocket after payment of legal costs and disbursements.
If you require any advice about contesting wills, how to contest a will or will dispute generally please contact us and organise your first free consultation.