Estranged son receives additional provision from his Mother’s Estate

Published 06 Oct 2016

Author: Richele Nelsen

An elderly woman of Sydney’s Eastern Suburbs died in April 2015 leaving an Estate worth $1.6 million dollars. She had two children, a son and a daughter, who each had two children of their own. The deceased’s daughter had died some years earlier. Due to a breakdown in the relationship between the deceased and her son she left the majority of her Estate to her daughter’s children. After receiving a copy of his mother’s will our client made contact with GMP Lawyers to enquire about contesting a will in NSW.

From a young age our client had an unusual relationship with his parents. From the age of about 5 he was raised by his grandparents even though his parents lived nearby where they raised their daughter. Despite this unusual upbringing our client maintained a close relationship with his parents and provided assistance around the home for his Mother after his Father had passed away. In about 2000 our client and his wife moved interstate but maintained regular phone contact with his mother. Some years later our client and his mother had a disagreement which lead to a breakdown in their relationship. Our client wrote letters to his mother in an attempt to mend the relationship, however he received no reply.

At the time of his mother’s death our client was retired, living with his wife in their own home. Our client and his wife had minimal savings and had accumulated debts in excess of $100,000. The benefit left to him in his late mother’s will equated to approximately $160,000. This would be enough to clear his debts and replace his old and unreliable vehicle, but wouldn’t assist him in meeting the short fall between his day to day needs and costs of living.

Gerard Malouf & Partners assisted our client in making a Family Provision Claim to obtain further provision for our client to assist with his financial needs.  Our experienced will dispute lawyers assisted in bringing the matter to a mediation where the parties could participate in settlement discussions. Negotiations took place between the parties and we were able to successfully resolve our client’s claim where he was to receive additional provision from the Estate in excess of  $100,000 more than what his mother had initially left him in her will.

Contesting a will and Family Provision Claims are highly emotive matters. Gerard Malouf & Partners team of experienced will dispute lawyers aim to achieve quick, just and efficient resolutions of our clients claims whilst maximising their entitlements. If you have an enquiry about challenging a will contact our office today.

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