Biological daughter receives payout after being forgot in mothers will

Published 22 Dec 2016

Author: David Cossalter

Our client’s relationship with her mother was a normal one. Her mother divorced her father when our client was aged 4 and remarried 8 years later. Our client lived with her mother until she left home in her teenage years but lived close by and regularly visited her.

In 1991 our client’s father passed away, she and her brother attended her father’s home where they met his sister, their aunt. The discussion with the aunt got quite heated and ultimately the client’s brother stormed out of the house after being slapped by the aunt.

After the funeral, and at the wake, the client mentioned to her brother that he should not stir the pot and leave their aunt alone. The brother decided not to attend the wake and stayed at a motel within the same town. The next day our client offered to drive her brother and his family home, to which he refused.

Things started to break down later that evening when the client was called by her mother. The mother was screaming at our client though the phone about not driving her brother home and the argument which he had with the aunt. Ultimately upset by this the client hung up on her mother. 

The next day the client attempted to call her mother, she was answered by her step father who refused to let her speak with her mother. This trend continued for some weeks before the client gave up and attempted to seen her mother in person. When she pulled into the drive way she way again greeted by her step father who would not let her see her mother.

In the early 2000’s the Claimant saw her mother again for the first time at a family gathering. Her mother made it quite clear to our client that she did not want to speak with our client.

The mother died in 2013 leaving a will dated 2007 which, to the surprise of our client, made no provision for her or her family out of the quite large estate.

Within two months of the death of her mother our client contact David Cossalter at Gerard Malouf and partners to see if she had any rights to dispute her mother’s Will. He was advised that she had a claim and within 1 year of the death of her mother a claim was made on her estate.

Within 5 months after commencing proceedings, the client expert will disputer lawyers were able to negotiate a fair and reasonable settlement for her.

An offer of 1/5 of the estate was made to our client, which she was happy to accept. This allowed our client to pay off her mortgage, pay for some medical treatment which she desperately required and pay off other debts which she had.

If you have feel that you have been hard done by, or left out of a family members bill please contact our Wills experts solicitors at Gerard Malouf and partners for a free consolation so that you can obtain advice on contesting a will.

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