Brisbane adult son left out of his father’s estate makes a family provision claim and wins

Published 12 Jul 2016

Author: Garbis Kolokossian

In this particular case, we represented an adult child who was left out of his late father’s estate. He was in a significant amount of shock and had no response when attempting to talk to the executor of the estate. He consulted our expert Lawyer. He was advised that when contesting a will, we need to demonstrate that the client is eligible and has sufficient need to warrant the making of an order for provision.

This particular client was an adult son, in his 50’s. He did not have a very close relationship with his father. Upon his death, his late father left his entire estate to his new wife and step children.

Our client initially came to GMP asking for advice on wills disputes, asked for information on how to contest a will and how contesting a will can be ultimately beneficial to him.

After speaking to our expert solicitor, he was advised that he was eligible and would benefit from making a claim for provision.

When contesting a will, it is necessary to take a details history about the relationship between the client and the deceased. This proved to be very difficult for our client who became extremely emotional, re-living the turbulent relationship he had with his father.

Given the 9 month limitation period in Queensland, we filed proceeding in the Supreme Court of Queensland. This ultimately led the parties in participating in a Mediation conference. The parties, negotiated in good faith with a view of attempting to resolve the matter without the need to incur further legal fees.

After a whole day of negotiation, the parties were able to resolve the matter on the basis that our client would receive in excess of $200,000 from his father’s estate.

This was a very successful claim. A great example of the importance of seeking advice about contesting a will and will disputes.

It is extremely important to seek advice if you find yourself in this, or a similar situation. Contact GMP who will be able to advise you about contesting a will, how to contest a will and will disputes generally.

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