Disinherited Daughter Receives Fair Share of Mothers Estate in Settlement

Published 17 Dec 2012

Author: David Cossalter

We represented one of three children in a claim against the Estate of their late mother, an Estate that was comprised of Victorian property and a business which had as estimated value of $850,000.00.

We note that in this family provision claim, one of our client’s siblings had also made a claim on the Estate even though they were receiving substantial benefit of the Estate assets already. They argued that their contribution to the Estate amount to a debt totalling some $250,000.00.

This factually complicated matter was brought to a head within three (3) months of taking initial instructions from our client over the phone. We promptly filed formal court proceedings so as to emphasise our client’s resolve in pursuing her rights where she had been left out of her mother’s Estate.

Being faced with a reasonable claim being brought by our client, we were able to enter into settlement discussions with the Estate, so much so that within six (6) weeks of commencing formal court proceedings, we were able to resolve our client’s claim for a figure in excess of $100,000.00.

This was a brilliant result for all parties involved as the Estate was able to dispense with both claims and our client, within five (5) months of first meeting with us, was able to resolve her claim with maximum benefit to her at a minimal cost.

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