Joint tenant passes away, biological daughter makes a claim and receives a favourable outcome

Published 31 Jan 2017

Author: Garbis Kolokossian

Gerard Malouf and Partners were contacted by the client in these proceedings in order to provide initial advice regarding contesting a will. The particular client in this matter is the biological adult daughter of the deceased. Our client was financially supported by the deceased during her childhood and assisted our client like any father would to their daughter.

At the time of death, the deceased owned a house with his wife as joint tenants. The house was transferred to the deceased’s wife, our client’s step mother whom our client had resided with for many years.

After providing this client with advice on how to contest a will, and what information is necessary when preparing will dispute matters, it was clear to our expert solicitor that this client did indeed have a valuable claim under the Estate. We informed our client of her eligibility to make the claim under her father’s Estate, and our client was happy to provide instructions to act on her behalf. We put the Estate on notice of our client’s intention to make a claim for provision out of the deceased’s Estate.

By the time our client had decided to make the claim, the deceased’s home which was transferred to his partner, was placed on the market and sold for $980,000. We informed our client that here at Gerard Malouf and Partners, we do our best to minimise costs and thus aim to negotiate with the Defendants before commencing formal proceedings. With the all clear from our client, we managed to organise a judicial settlement conference. We negotiated in good faith and discussed with the client each and every offer before making it. The claim ultimately settled for $90,000.

The fact that the Estate was a notional estate, combined with our client being in receipt of substantial cash gifts from the deceased throughout his life and the fact that our client was already well established financially, meant that the outcome was most definitely favourable for our client. This is a great example of the way in which the expert lawyers at Gerard Malouf and Partners have the determination and persistence to ensure that all clients regardless of their finical status or the size of the estate have a fair.

Our lawyers consider all the aspects of a claim and ensure that we take the steps with the best outcome for our clients.

If you have any questions or find yourself in a similar scenario, do not hesitate to make use and of our first obligation free consultation. All our lawyers are enthusiastic about providing clients with advice in regards to eligibility to make a claim, contesting Wills, or family inheritance.

Do you have an enquiry about contesting a will? Do you have rights to make a claim from family provision? Contact our will dispute lawyers today on 1800 004 878.

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