Daughter of the deceased left out of the will, but still receives $100,000 after contesting

Published 26 Jan 2017

Author: Garbis Kolokossian

Gerard Malouf and Partners were contacted by our client seeking advice on how to contest a will and as to what her rights and entitlements were with respect to contesting a will in NSW.

Our client informed us that she was the biological child of the deceased and had not been provided for under her Last Will and Testament. Our client’s relationship with the deceased was not a turbulent one, and our client was at a loss as to the reasons why she had not been provided for under the Last Will and Testament of the deceased.

After conferring with the client, Mr Garbis Kolokossian of our office provided our client with advice on contesting a will and what steps need to be taken to expedite the matter.  Mr Kolokossian provided our client with the advice that given the fact that she is the biological child, she is entitled to make a claim for provision out of the Estate.  However, mere eligibility does not in itself entitle an individual to provision out of the Estate.

The Estate was put on notice of our client’s intention to contest the Will and immediately started obtaining the evidence necessary to put together a strong case for provision out of the Estate. Our client was advised that we would need to demonstrate to the Court or to the Defendant that you she is a person that was in the class of people that ought to be provided for taking into account her needs and her relationship with the deceased (and moral obligation).

In this case, the Estate was not a large one and our client was advised that it would be prudent to attempt to bring about an early resolution of the matter in order to minimise the legal costs associated with the claim

Numerous offers of settlement were made during the negotiation process, however, An offer of $100,000 was conveyed by the Defendant and our client was very happy to accept this offer.  We are pleased to note that this was a fantastic outcome for our client noting the number of beneficiaries involved, her financial circumstances and the size of the estate.

If you find yourself in a situation where you have been left out of the deceased’s will or have any enquiries with respect to how to contest a Will or would like some information about contesting a will generally, please do not hesitate to contact our experts at Gerard Malouf and Partners where we will be prepared to provide you with preliminary advice, on an obligation free basis.

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