Quick Settlement Negotiation Promotes Family Relationship

Published 20 Dec 2012

Author: David Cossalter

We represented a daughter of the deceased whom was left entirely out of her Late mother’s Will. The deceased also had another child, our client’s sister, who was also entirely left out of the Will.

All family members involved had attempted to come together to resolve their differences however, were unable to consolidate their position and come to an amicable resolution. This resulted in our client contacting our office to seek advice as to the pursuit of her entitlements out of her mother’s Will and more importantly, to attempt to resolve the matter amicably between the family members who until this day, had maintained a close relationship.

We confirm that following the initial conference with our client, a letter detailing our client’s position was forwarded to the Estate solicitors with a proposal for resolution. Our client’s sister had also sought separate legal representation and undertook the same task.

The settlement negotiations included an exchange of letters between the parties over a period of approximately six (6) weeks, the parties were able to come to an amicable resolution, maintaining the family relationships.

In the circumstances of this matter, the parties simply needed a legal push to enable personal views and opinions to be set aside in order to enable an amicable resolution to be obtained.

We corresponded with the Estate solicitors who drafted all the necessary documents for the completion of the matter which enabled our office to maintain the fees charged to our client to an absolute minimum.

Following the resolution and signing of the necessary documents, parties were able to maintain the family relationships and set aside their differences so as to proceed with the grieving process over their late mother.

This was an exceptional result and showed even where family members are not in direct conflict, certain points may cause interfamily discussions to dissolve or stop and the involvement of a solicitor, where maintaining a friendly and non-aggressive approach to the family situation, facilitated an amicable resolution.

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