Adult Daughter Makes a Claim on Her Fathers Estate and Gains Substantial Share Along with Other Parties

Published 18 Jul 2017

Author: Garbis Kolokossian

Gerard Malouf & Partners, Contesting Wills Solicitor, expert lawyer, Mr Garbis Kolokossian, was approached by our client, an adult daughter who had been left out of her late father’s Will asking for advice on how to contest a will and what steps need to be taken when challenging a will.

Mr Garbis Kolokossian, provided advice explaining the grounds for contesting a will and after receiving instructions from our client to act, Gerard Malouf & Partners immediately contacted the Solicitors acting for the Estate with a view of attempting to negotiate with them directly without incurring unnecessary legal fees and disbursements.  After initially putting the Estate on notice of our client’s intention to make a claim for provision, Gerard Malouf & Partners was notified that a de facto spouse also had an intention of making a claim for provision.

It became apparent given the number of parties involved, that it would be very difficult to resolve the matter pre litigation and accordingly, we obtained instructions from our client to commence formal proceedings by way of a Summons in the Supreme Court of New South Wales.  Following the preparation of the Summons and our client’s primary Affidavit of Evidence, proceeding were commenced in the Supreme Court of New South Wales.  Shortly thereafter, the parties agreed to participate in a Court appointed settlement conference at which point in time, the parties negotiated in good faith with a view of attempting to bring about a full and final resolution of the matter.  We confirm after significant settlement discussions our client was able to negotiate a fantastic result whereby she received a benefit of an equal share of the estate, plus a component towards her legal fees.

Noting the size of the Estate and given the significant competition with respect to the number of parties involved in the proceedings, the result represented a fantastic compromise by both the Estate and our client in order to facilitate a commercially wise result.

Should you be an adult child who has been left out of the your parent’s Will and you require advice please do not hesitate to contact our expert lawyer at Gerard Malouf & Partners who wold be more than happy to provide you with advice with respect how to contest a Will, contesting a Will and family provision claims generally.  Remember, your first consultation is for free and we are more than happy to accommodate you to ensure that we provide you with some preliminary advice to allow you an opportunity to understand your rights.

Another great result for a deserving client.

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