Former wife left out of her former husband’s Will. Makes a claim and wins

Published 02 Aug 2016

Author: Garbis Kolokossian

A former wife of the deceased, was not provided for under the last will and testaments of the deceased. She sought advice about contesting a will and made the decision to instruct GMP Contesting a Will Lawyers to assist in resolving the will dispute.

The Plaintiff in this claim contacted us seeking advice about contesting a will, the steps necessary when contesting a will and what if anything the firm could do to try and resolve this particular will dispute.

Our client was a separated wife of the deceased. Formal divorce proceeding were not instituted and a formal property settlement had never been entered into. Unfortunately, our client was treated very poorly during her life. Her husband was very controlling, had cheated on her on a number of occasions and simply made no room for her in his life.

The deceased, during his life, made our client move out of the matrimonial home and live in the shed in the rear of the property. After death, the deceased left his entire estate to his daughter, our client’s biological daughter.

Our client attempted to resolve the matter, with her daughter and contacted GMP as a last resort. After consulting our expert, our client was advised that she was eligible and would be able to contest a will.

After proceedings were commenced, the parties participated in extensive settlement negotiations. On a positive note, our client achieved a fantastic result whereby a total benefit of over 57% of the estate was apportioned to her for her benefit. This gave our client financial independence for the first time in her life.

Our client was extremely happy. Her decision to contest a will and obtain advice about ways to resolve this particular will dispute allowed her to gain financial independence.

A fantastic result for a very deserving client.

If you have separated from your partner and no binding financial agreement has been entered into and you “partner” passes away, please contact our office and one of our experienced lawyers will give you advice on how to contest a will in NSW and help you on your way.

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