Biological child with little need makes a claim on a modest estate

Published 17 Nov 2016

Author: Garbis Kolokossian

Gerard Malouf and Partners was contacted by our client, a biological child of the deceased who passed away in the middle of 2015 leaving a modest estate.

The son instructed Garbis Kolokossian from our office that he and his wife had accumulated some wealth and were able to pay off their matrimonial home and have a significant amount of money for a rainy day with a substantial amount by way of superannuation. It was made clear to the writer that the circumstances in which the deceased apportioned the estate, was such that he was left out of the Will and the father had provided the main benefit to his three other biological brothers.

The son sought the advice of Gerard Malouf and Partners in relation to contesting a will in NSW. Mr Garbis Kolokossian of our office provided him with advice and what the anticipated results may be in the circumstances.

Our client instructed Gerard Malouf and Partners to proceed with the case and to immediately put the estate on notice of our intention to lodge a dispute in relation to the estate of the deceased.

We immediately obtained the relevant instructions necessary to assist our client in prosecuting a claim. Mr Garbis Kolokossian attempted to engage the defendant for the purposes of undergoing some preliminary settlement discussions to settle the claim, however this attempt was met with some hostility.

Our law firm immediately put the estate on notice that we would be taking the next appropriate step in contesting a will including filing a Summons in the Supreme Court of NSW.

The matter was before the Supreme Court of NSW and the parties all submitted their relevant affidavit evidence prior to the mediation conference being organised.

We confirm the mediation conference is a standard step that parties are required to engage in when contesting a will. On this particular occasion the estate made it clear that they had no intention of making any appropriate provision for the Plaintiff in the circumstances, taking into account his current financial circumstances.

Notwithstanding the above, the writer confirms that the Plaintiff was able to achieve a resolution out of this claim in excess of $85,000.

Our client was extremely satisfied with the result and could not thank Gerard Malouf and Partners enough. If you have any enquiries in relation to contesting a will in NSW or want advice on what your rights are in relation to an estate dispute, please do not hesitate to contact Gerard Malouf and Partners to take advantage of our no obligation first free consultation.

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