Adult Daughter makes a Family Provision Claim on her Mother’s Estate and wins 33%

Published 10 Aug 2017

Author: Garbis Kolokossian

Gerard Malouf and Partners Expert Lawyers, were instructed by this Adult Daughter who was initially seeking advice on Contesting a Will in NSW.

Gerard Malouf and Partners Expert Lawyers, provided our client with initial advice with respect to what the grounds for Contesting a Will are and also discuss some of the strengths and weaknesses of our particular client’s claim that needed to be taken into account when challenging a Will.

Our client was the biological daughter of the deceased that had been left out of the Estate.

Gerard Malouf and Partners, immediately upon receiving instructions to act, wrote to the Estate Solicitors putting them on notice our out client’s instructions to make a claim for provision out of the Estate.

The Estate was only $446,000.00 before deductions with respect to the Estate Lawyer’s fees. After putting the Estate Solicitor on notice of our client’s intention to contest a Will, we progressed with preliminary attempts to try and resolve the matter amicably between the parties. In accordance with our client’s instructions, we prepared a draft Affidavit and forwarded this to the Estate Solicitor with a view of providing them with sufficient information to be able to advise their client and respond to our offers of settlement.

Like always it was our intention, to try and minimise the costs and engaged with the Executor’s Solicitor to try and obtain an early resolution, maximising the total amount that each party walked away with.

After detailed and lengthy settlement discussions, various offers of settlement were conveyed between the parties. The matter resolved on a basis where our client received a 33% interest in the Estate. Our client was extremely happy that she instructed Gerard Malouf and Partners to contest the deceased Will and after being provided with advice, with respect to how to contest a Will, she was confident that the claim would be ultimately successful.

Fantastic result for and observant client in unfortunate circumstances. If you have been left out of a Will, or you require advice on Contesting a Will, or would like to know how to Contest a Will, you have an enquiry regarding Will Disputes generally and would like clarification on the grounds for Contesting a Will, please do not hesitate to contact our Expert Lawyers at Gerard Malouf and Partners who would be more than happy to talk to you on a complementary basis noting that our first consultation is free.

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