Published 14 Nov 2017
Author: Richele Nelsen
Our client, a 68 year old man from Western Sydney, was surprised to learn that his father had excluded him from his will. Upon learning this news he contacted Gerard Malouf & Partners Will Dispute Lawyers to enquire about his rights contesting a will in NSW.
The deceased died leaving an estate worth approximately $650,000. In his last will and testament the deceased left his estate to his daughter and grandson. He excluded provision to our client, his son, on the basis they had had a falling out some years before and had no contact from that time.
Prior to the falling out with his father our client provided extensive care and assistance to his father visiting him several times a week to clean up around the house, prepare meals, etc.
Our client was a single man and whilst he owned his home, he suffered from serious health conditions which required paid care around the home to assist with both domestic duties and personal care. He did not have any savings and his only income was the aged pension which was not sufficient to meet the costs required for paid home care.
Our experienced Will Dispute lawyers were able to assist our client by providing him with advice of his rights to make an application for family provision from his late father’s estate. A detailed affidavit was drafted on behalf of our client setting out the basis of his family provision claim and his need to be provided for by his late father. We set out a claim for funds to assist our client in paying for renovations to his home, to put appropriate care services in place and funds to set aside and plan for his future.
The NSW Supreme Court ordered that the parties to the proceedings participate in a mediation. We were able to successfully negotiate a settlement in favour of our client whereby he was to receive in excess of $150,000. Our client was able to use these funds to carry out some necessary renovations to his home and set aside some funds to plan for his future medical and care needs.
We were able to achieve a great result for our client without the need of going through a lengthy court hearing. Our client felt as if he finally got the recognition he deserved for the assistance he provided to his father over the years.
If you have been left out of a will contact our Contesting Wills lawyers today to find out your rights and entitlements on 1800 004 878.