Published 17 Aug 2017
Author: Garbis Kolokossian
Our client contacted GMP Contesting a Will Lawyers seeking advice on a claim against his step fathers estate. His step father passed away at the age of 90 years in the suburb of Georges Hall NSW.
The step fathers Estate was worth approximately $2 million of which, our client was to receive absolutely no benefit. Our client initially sought advice in relation to making a family provision claim from the Expert Lawyers at Gerard Malouf and Partners.
Given the fact that our client was not a biological child of the deceased we were required to satisfy the relevant act to establish his eligibility.
After receiving instructions to act on behalf of this client, the Estate Lawyers were put on notice and steps were immediately taken to obtain the relevant material necessary to expedite our client’s claim.
Given the fact that our client was not a biological child of the deceased, there was significant amount of tension and lack of interest on behalf of the Estate to negotiating in good faith with a view of attempting to bring about a full and final resolution on the matter.
Our client’s instructions were received and Affidavit evidence was prepared.
Given the fact that our client, the step child of the deceased, was well in his 60’s, it was explained that there was some serious difficulty in establishing that the deceased should have provided for our client given our client’s age and his financial circumstances.
Notwithstanding the above, our client was extremely motivated to try and prosecute his family provision claim and if possible, encourage the parties to resolve without the need to proceed the matter to a hearing.
The Estate Lawyers were not prepared to convey any formal offers. After commencing formal proceedings, the matter proceeded to a private mediation which ultimately failed. The matter was then listed for a hearing and prior to the hearing date, the defendant, that is the Solicitor acting on behalf of the Estate, contacted our Expert Lawyers at Gerard Malouf and Partners to notify Mr Garbis Kolokossian that their client was prepared to convey offers for the purpose of attempting to try and bring about a resolution.
We confirm the offers of settlement that were conveyed were well within the range of offers that would have been accepted by the Plaintiff should the parties have negotiation in good faith at mediation. Ultimately the matter resolved on the basis that the Plaintiff was to receive in excess of $170,000.00 clear in his pocket, irrespective costs and disbursements.
Ultimately, it was a fantastic result given our client’s age, his financial needs and his relationship with the deceased.
If you are a step son of the deceased person and you have lived with the deceased, and have been dependant of the deceased, please do not hesitate to contact Gerard Malouf and Partners at which point in time, we will be prepared to provide you with advice on how to make a family provision claim.