Daughter seeks further provision after father dies intestate (without a will)

Published 15 Dec 2016

Author: Richele Nelsen

In 2015 an elderly man from Ryde died intestate (without a will). At the time of his death he had two living children and two others that had pre-deceased him, leaving children of their own. In accordance with the NSW legislation (The Succession Act 2006) the deceased’s assets were to be equally divided amongst his children, and in the case were his two children had pre-deceased him, those shares would pass onto their children (the deceased’s grandchildren). 

Our client, a daughter of the deceased, was living with him for 20 years prior to his death. She contributed financially to the estate and had cared for her father in his later years of life. In accordance with the law of intestacy she was to receive a ¼ or 25% share of the estate. Upon discovering this she contacted Gerard Malouf and Partners Will Dispute Lawyers to enquire about making a family provision claim where there is no will.

Our experienced team met with her and determined that she had good prospects of succeeding in a claim for family provision to increase the amount she was to receive from her later father’s estate. Our client was happy to learn that she could still improve her position even though her father had died without a will.

Our contesting a will lawyers drafted an affidavit on behalf of the women which set out her relationship with her father, her financial contributions to his estate, the extensive level of care and support she had provided for him in his old age and the present financial circumstances which called for greater provision from his estate. Formal court proceedings were commenced on our client’s behalf.

Within just a few months of formal court proceedings being commenced we were able to successfully resolve our client’s case on the basis that she was to receive provision of 40% from her late father’s estate. This was an increase of almost $200,000 from the provision she would have received under the laws on intestacy.

The additional provision provided was sufficient to put a substantial deposit on a property and set aside some funds to plan for the contingencies of life.

Our client was ecstatic with the result which we were able to achieve quickly and cost effectively without the requirement of a court hearing.

If you have been left out of a will or a family member has died intestate (without a will) and you believe your needs have not sufficiently been provided for, contact Gerard Malouf and Partners Will Dispute lawyers today.

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