Published 30 Mar 2017
Author: David Cossalter
Our client, Mr F from Victoria contacted GMP Contesting a Will Lawyers seeking advice on his rights and entitlements, as the adopted son of the deceased, on making further provision on the Estate of his late father.
Before his passing, the deceased had informed our client that the contents of his Will would be equally divided between all his children. So when the deceased passed, Mr F was shocked by the news that he was not included in the Will.
The most common mistake people make in Will Disputes is the misconception that adopted children are not eligible to contest the will of their adoptive parent. However under the law, an adopted child qualifies as a “natural” child and shares the same rights as “natural” children. Hence, Mr F was advised by GMP Contesting a Will Lawyers that he would be treated by the law as the natural child of the deceased and was eligible to contest the Will of his late father.
Our client and his father were close, however the geographical distance between them was the only hindrance on allowing them to form a closer relationship. Mr F and the deceased formed a special bond over their love for music and at no stage was there a breakdown in their relationship.
Mr David Cossalter, an experienced Wills Dispute Lawyer at GMP received instructions from our client to immediately commence proceedings in the Supreme Court of Victoria. On behalf of our client, we put the Executors of the Estate on notice of our client’s intention to make a claim for further provision.
Mr F instructed Mr Cossalter that he did not want to cause a rift between the Executors of the Estate, who were family members and instructed Mr Cossalter to settle the matter as soon as possible.
Understanding that our client wanted the matter resolved quickly, Mr Cossalter immediately began settlement negotiations with the Executors of Estate. We were successfully able to negotiate a settlement in the sum of $72,000.00 without the need of a court hearing.
Our client was extremely happy with the outcome of the proceedings. In particular Mr F was thankful that GMP were able to settle the claim quickly without causing trouble between his family members.
If you have been unjustly left out of a Will, please do not hesitate to contact the experienced GMP Contesting Will Lawyers for a free consultation on 1800 004 878.