Husband contests will of deceased wife after she leaves estate to her children

Published 19 Jul 2016

Author: Garbis Kolokossian

GMP Contesting a Will Lawyers was approached by a man who recently transferred his 50% share of his home to his new wife. Upon her death, the 50% share was left to her children. Our client sought advice about contesting a will in NSW. After his first consultation he was advised that this will dispute could be resolved by making a claim for provision under his late wife’s estate.

Our client’s wife died with a very small estate. It comprised of 50% value of the home as well as no more than $60,000 cash in a bank.

Our client’s deceased wife had not contributed to the purchase of the “matrimonial home”, she had resided in the home for a period of five years. Our client was a loving husband and thought he would pass away before his wife. In the event, he was to predecease his wife, he wanted to make sure she was protected. For that reason, our client’s transfer a 50% share of his home to his wife.

To his surprise, his late wife, left her 50% share of the home to her children instead of our client. This limited our client’s use of the home and also restricted his overall financial independence.

After receiving advice about how to contest a will and how contesting a will matters generally progress, we were instructed to try and bring about an early resolution of the matter without incurring excessive legal fees.

With a view of attempting to bring about a quick and effective result, we commenced proceedings by filing a Summons in the Supreme Court of NSW. The parties eventually attended a Mediation conference. Whilst the matter did not resolve at Mediation, the parties were able to resolve the matter shortly after.

Our client was extremely happy to learn that the Deceased children agreed to have the 50% share of the property transferred back to our client including a payment of $10,000 to our client.

Our client made the right decision to obtain advice about contesting a will and by instructing Gerard Malouf and Partners about this particular will dispute, he was able to achieve a fantastic result.

A very happy and satisfied client, a particularly good result.

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