Well-off biological son left out of the Will, makes a successful claim out of his late father’s Estate

Published 02 Feb 2017

Author: Garbis Kolokossian

Gerard Malouf & Partners was approached by the biological adult son of the deceased seeking advice as to how to contest a will. The deceased left behind a widow (our client’s step mother) and gifted the Estate to his widow along with a cash gift to his daughter. After understanding the facts of the matter, the expert lawyers at our firm informed our client that we were willing to act on a no win no fee basis.

When providing advice on how to contest a will, advice was provided to our client that the mere fact that he is a biological child of the deceased, did not entitle him automatically to provision from the estate. Our client was advised, when obtaining the necessary evidence for a will dispute, one needs to show that they are eligible, have need and that the deceased owed some moral obligation to provide for that person.   

It became apparent to our lawyers that the deceased widow, was not residing in the deceased home, and had an intention to sell the property. Our client was advised that there was merit in the claim and in order to expedite the claim, we would need to file a Summons in the supreme court of NSW, being the first formal step when contesting a will.  

After conveying such information to our client, we were instructed to proceed to put the Estate on notice of our client’s intention to make a claim for provision out of the Estate of his late father. Our client understood the cost of litigation and instructed Mr Garbis Kolokossian that it was his intention to have the matter resolved by way of a settlement if possible.

All relevant documentation was prepared and a Summons was files in the Supreme Court of NSW. In support of our client’s claim, Affidavit evidence was also filed and the parties participated in settlement discussions with a view of attempting to resolve the matter. After extensive negotiations we were instructed to continue negotiating. We reached a settlement offer of $60,000 inclusive of costs and took instructions from our client to accept the offer.  Our client was extremely satisfied with the manner in which the negotiations had proceeded and more importantly, was happy with the result that had been agreed upon.

If you are an adult child and have been left out of a Will and you would like information about contesting a Will, how to contest a Will, or simply want to talk to a Contesting Wills lawyer, please contact Gerard Malouf and Partners and speak to one of our highly informed solicitors.

Do you have an enquiry about challenging 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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