Biological son disputes a Will and receives 15% more out of the Estate!

Published 21 Feb 2017

Author: Garbis Kolokossian

Although our client, the biological adult son of the deceased, did not always have the greatest relationship with his mother, our client always loved his mother and made the effort to be a part of her life. On the passing of the deceased, it was revealed to our client that under the Grant of Probate of the Estate, our client was only entitled to 20% of the funds from the Estate. In an earlier Will, our client was entitled to 50% rather than 20% of the Estate, however, the reasons for such changes, were not made known to our client by the deceased.

Whilst our client respected the decision made by the deceased that our client required the appropriate financial resources from the Estate to be able to assist with ongoing medical treatment and to pay off liabilities and debts to improve our client and his wife’s financial situation. Being the second beneficiary out of only two beneficiaries, we advised our client that he was in a position to contest the Will through demonstrating his need for a higher portion from the Estate.

Gerard Malouf and Partners wrote to the Estate lawyers putting them on notice of our client’s intention to make a claim for provision out of the estate. Affidavit evidence was prepared and served on the solicitor acting for the estate.  As always at Gerard Malouf and Partners we aim to minimise legal costs and as such attempted to settle the matter out of court. Following our client’s instructions, a date for mediation was organised, keeping in mind that the statutory limitation was nearing.

Negotiations took place and our client agreed to settle for 35% out of the Estate, in addition to receiving 50% of the deceased’s Superannuation funds. It was also agreed that the Estate would be sold as soon as possible in order to allow for the beneficiaries to receive the funds from the Estate. This was surely a great outcome for our client who initially did not expect such results.

If you have any concerns or questions regarding how to contest a Will, have an Estate issue, or generally would like some advice with respect to whether or not you can make a claim please do not hesitate to contact Gerard Malouf and Partners for your first free consultation to allow our expert solicitors to assist you.

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