Published 15 Aug 2017
Author: Garbis Kolokossian
Gerard Malouf & Partners was contacted by our client seeking advice from a contesting Will Lawyer to advise with respect to her entitlement to make a Family Provisions Claim out the Estate of her Late Grandmother.
A conference was organised for our client to meet with our Expert Lawyer, Mr Garbis Kolokossian at which point in time, advice was provided to her with respect to how to contest the Will, what a Court looks at when considering a Family Provision Claim and the strengths and weaknesses of her circumstances when contemplating contesting a Will.
Our client was an adult Granddaughter who had resided with the deceased and had been dependent on her emotionally and financially throughout her life. Unfortunately our client’s mother was an alcoholic who provided very little to no financial or emotional support for our client.
This ongoing close relationship continued up until the date of the deceased passing.
Our client had significant financial needs and had very little by way of assets.
Notwithstanding the above, the size of the Estate was very small, no greater than $270,000.00.
Given the circumstances, our client was advised by our Expert Lawyer, that quick action needed to be taken to have the matter referred to a Mediation to try and encourage the parties to resolve the matter amicably without incurring unnecessary legal fees.
After taking initial instructions from our client and preparing all the evidence necessary to file proceedings in the Supreme Court of New South Wales, the claim was referred to a Mediation at which point in time, the parties were invited to negotiate in good faith to try and resolve this Family Provisions Claim.
Ultimately, after the lengthy settlement negotiations, concluded, the parties were able to agree on Terms of Settlement which awarded our Client with a significant benefit out of the Estate representing just under one quarter of the entire Estate.
Our client was extremely satisfied with the result and given the competing claim, the size of the Estate and our client’s age, our client was extremely happy and satisfied with the outcome.
If you are an adult grandchild who has resided with the deceased and was dependent on the deceased during the course of the deceased’s life, either financially or emotionally and you have been left out of the Will, contact our will dispute Lawyers who will be able to provide you with advice on complimentary basis, noting our first consultation is free.
We would be more than happy to assist you with providing advice regarding Family Provision Claims.
A great result for a deserving client in record time.