Adult biological Daughter Excluded from fathers Will due too Family Dispute Makes Family Provision Claim

Published 08 Aug 2017

Author: Garbis Kolokossian

A very emotional client came to see our expert lawyers at Gerard Malouf and Partners  when she found out  that she had been excluded from her father’s last will and Testament.  She received complimentary advice on her first consultation on how to contest a will, what needed to be considered when contesting a will and what evidence would assist the Court when making a family provision order.

By way of background, our client who was an adult daughter, became estranged from her father as a result of family dispute between herself and her brothers.  Our client attempted to reconcile the relationship on numerous occasions to no avail.  After receiving advice from our Senior Lawyer, Mr Garbis Kolokossian, our client was confident that she had chosen the right Firm to represent her in her attempts to contest a will and ultimately bring about a resolution as soon as possible.

After putting the estate on notice, our expert lawyer, Mr Garbis Kolokossian, collated all the relevant evidence necessary to file a summons in the Supreme Court of New South Wales. Attempts were made to try and engage with the defendants to try and bring about an early resolution however in line with their stubborn nature, no responses were received.  Steps were taken to immediately file proceedings in the Supreme Court of New South Wales. After a short while, a mediation conference was organised between the parties.

Discussions with respect to the value of our client’s claim took place and after lengthy settlement discussions,  a favourable offer of settlement was made which allowed our client to walk away with in excess of $250,000.

Our client was in tears and was so pleased that the claim could now be put behind her and she could finally move on with her life.  She said words to the effect of “ I would recommend you to anybody.  I wish people do not go through what I’ve gone through that you have done everything that I needed to get a fantastic result and for that I am forever grateful”.

We are pleased that our client was happy with the result and more importantly was able to move on with life after a very difficult period of time.

If you have any enquiries in relation to contesting a will, or you’re interested on learning how to contest a will or whether or not you are eligible to make a family provision is claim,  please do not  hesitate to contact our expert lawyers at Gerard Malouf and Partners,  the would be more than happy to be of assistance to you to get you on the right path to success.

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