Published 11 Dec 2012
Author: Garbis Kolokossian
We acted for the biological son and daughter of the deceased who passed away on 5 October 2010 and left his entire estate to his eldest child.
The estate was put on notice of our clients claim and steps were taken to try and resolve the matter amicably between the parties by conveying offers. Fierce opposition was seen by the executor of the estate so Gerard Malouf and Partners took the matter to the next level.
We commenced formal proceedings, prepare affidavit evidence and requested an Informal Settlement Conference. The Defendant’s solicitor was caught by surprise. After long and heated negotiations the defendant offered to distribute 50% of the estate to our clients and the remaining 50% to be left to the main beneficiary of the estate, who was left the entire estate originally.
Given the small size of the estate, legal fees were kept to an utmost minimum, no barrister was involved, and the clients were able to obtain a result that not only made them happy financially but emotionally as well. At the time of settlement, the clients explained to Mr Garbis Kolokossian that Gerard Malouf and Partners was the only solicitor that was willing to take on their case. It was their experience that all other law firms did not want to be involved due to the fact that the estate was not large enough and the prospects of obtaining a result was not favourable.
We at Gerard Malouf and Partners do not shy away from difficult cases and this is a testament to our continued drive for success. If you have a case either big or small you can be rest assured that Gerard Malouf and Partners and their Contesting Wills solicitors will give you objective and professional advice. Our clients were more than happy with the result they obtained.