Late Claim - Adult Son Successfully Contests Mother’s Will in NSW

Published 07 Nov 2017

Author: Garbis Kolokossian

An adult son residing in Gymea has contacted Gerard Malouf and Partners wanting to contest his late mother’s will. During this initial consultation he was advised about how to contest a will, the contesting a will process and was provided with advice about family provisions claims.

The estate was only modest being valued at less than $500,000.

Our client lived with his mother in a granny flat behind the house his sister and her family resided in. Following our client’s mother’s passing, our client asked his sister to produce her will, to which she declined. In an effort to preserve his relationship with his sister as well as his living arrangement, our client decided to not seek legal advice. However, after almost a year of begging his sister to show him their late mother’s will, our client decided to contact Gerard Malouf and Partners Expert Lawyers regarding the matter.

Upon his first free consultation our client was advised that by law he had a legal right to view his mother’s will. He expressed to Mr Garbis Kolokossian that he wished to protect his interest in the Estate and therefore would be proceeding with Gerard Malouf and Partners to assist him in contesting his mother’s will. Our client instructed Gerard Malouf and Partners to commence proceedings straight away. Unfortunately the commencement of proceedings was outside of the 12 months however, an extension of time was granted to provide our client with leave for his claim to be made.

Extensive negotiations were undertaken during the course of the day. This included how much would be paid, when it was to be paid and issues relating to personal effects.  Offers were exchanged. Mr Garbis Kolokossian was able to successfully negotiate a favourable result for our client in the sum of $120,000.

Whilst there was an opportunity for the matter to proceed to Court to achieve a larger payout, our client declined in order to preserve any relationship he had left with his sister. Our client was happy with the outcome as he could afford to pay off his debts and find a property for him and his wife to live in.

Our client was very impressed with the assistance provided by Gerard Malouf and Partners in explaining how to contest a Will, in assisting him in making a Family Provisions Claim and providing him with all of the advice he needed and guidance he required to adequately and effectively Contest the Will of his late mother.

If you require any assistance with respect to contesting a will, do not hesitate to contact Gerard Malouf and Partners.

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