Published 29 Dec 2016
Author: David Cossalter
A biological nephew of a deceased received a payout from his uncle’s estate after being left out of the Will after a life time of care and support from the man. He sought advice of the Wills dispute lawyers of Gerard Malouf and Partner on contesting a will and instructed us to resolve the will dispute on his behalf.
Our client grew up in the house hold of the deceased. His biological father was in the army and rarely seen at home. When the client’s mother ultimately remarried the client stayed within the household of the deceased until he went to boarding school.
During his time at boarding school the deceased paid for our client’s standard of living and who let out client stay at his house on weekends where the deceased would take him on picnics, to the movies and engage in their mutual hobby of photography.
Our client was a retired veteran whose house was subject to two mortgages and only received a meagre allowance in the form of the Department of Veteran Affairs. Our client had no substantive assets and, as both him and his wife where retired, had no source of income other than their pensions.
Our client had numerous debts owning not only to the bank but to builders, government departments, and credit cards. To top it all off our client had a raft of medical conditions which effected his ability to earn any further income to support these debts.
Upon meeting his Will dispute lawyers, our client was advised that he was able to make a family provision claim for the maintenance, education and advancement of his life.
An affidavit was prepared by our experts and within 7 months of the death of his uncle we commenced proceedings on behalf of our client.
Within 6 months of the matter being brought before the court, the court ordered that a mediation be had between our client and the estate of the deceased.
Ultimately the matter settled at the mediation and our client received the benefit of $200,000.00 being 50% of the estate.
This was enough to ensure that t a serious dent was put into the debts that out client held, importantly paying off the two mortgages which was held over this home.
If you have been left out of the will of a family member please contact the expert contesting wills solicitors of Gerard Malouf and Partners for a free consultation so that you may obtain advice on contesting a will.