Step daughter receives $50,000 settlement after being left out of her step father’s will

Published 27 Sep 2016

Author: David Cossalter

Our client was a step daughter of the deceased who received a $50,000 settlement after contesting a will.  Our client’s mother, who had been married to the deceased for almost 30 years, left her share of their Bankstown home valued at $200,000 to the deceased on the understanding that he would ensure that our client was looked after in his will.  This did not occur and our client was completely left out of the will. Having been left out, our client contacted GMP Contesting a Will Lawyers to help her in contesting her step father’s will.

Our client shared a close relationship with her step father, celebrating Father’s Day with him and treating him as her dad for many years after the passing of her mother.  This changed however after a serious incident between our client’s son and her step brother, in which the step father took the step brother’s side.  Though many attempts were made by our client to mend their relationship, it remained broken until her step father’s death.

At the time she contacted GMP, our client did not have a home of her own.  She was a full time carer for her husband and was receiving a carer’s pension.  Along with her husband’s disability, our client suffered serious illnesses of her own and had limited superannuation for her retirement. Their future did not look bright.

David Cossalter, our leading practitioner in contested wills, understood our client’s situation and filed proceedings quickly, launching a family provisions claim against the estate of her step father.

As a small estate, being less than $250,000.00, David Cossalter arranged a mediation in order to keep the matter out of court and keep costs down for the client.  With the client’s consent, David Cossalter arranged a $50,000 offer to be made to the defendant.  The defendant, after much argument, accepted this offer settling the matter quickly and avoiding the expense and heartache of contesting a will in court.  

If you or someone you know has been unfairly left out of a will, contact GMPand arrange an appointment with our experienced will dispute lawyers.  Time limits apply when contesting a will, so contact Gerard Malouf & Partners today. 

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