Published 13 Sep 2016
Author: Richele Nelsen
A woman from regional NSW contacted our office in search of assistance with challenging a will. Our client’s father had recently died leaving behind his property in regional NSW and approximately $200,000 in savings. In his last will and testament the deceased left his daughter $50,000 and the rest of his estate to his son.
Our client was in her 50’s, living in rental accommodation with her husband. Both she and her husband relied on Centrelink benefits as their only source of income and they had limited savings. The deceased’s son was married and both he and his wife continued to work. They owned a property and had a modest amount of savings.
Whilst our client had been left a $50,000 gift in the deceased’s will, this was not adequate provision for her ongoing needs. She was living week to week, struggling to meet her daily costs of living. Our experienced will dispute lawyers prepared and lodged a family provision claim with the NSW Supreme Court on behalf of our client. Evidence was put forward on our client’s behalf demonstrating her financial needs and also the close and personal relationship she had with her father leading up to his death.
Shortly after proceedings where commenced we participated in a settlement conference with the estate lawyers whereby it was agreed between the parties that our client had needs for provision and that the provision of $50,000 left to her in the will was not sufficient. Our client sought sufficient funds to allow her to secure a property which would ease the financial burdens placed upon her of paying rent each week. The parties were able to successfully negotiate a settlement of our client’s claim on the basis that instead of receiving the $50,000 from the will, she would get her late father’s property.
Shortly after this agreement was reached the court made official orders confirming the agreement and the property was then transferred into our client’s name. Our client has now been able to move into the property providing her with substantial financial relief and security.
Have you been left out of a will? Are you looking at contesting a will? Contact Gerard Malouf & Partners Family Provision Lawyers today.