Published 14 Dec 2017
Author: Garbis Kolokossian
Gerard Malouf and Partners Contesting Wills Solicitor, Mr Garbis Kolokossian, was contacted by our client to provide her with advice on how to contest a will in New South Wales as well as the options available for the progression of her claim. During this consultation she was asked to illustrate the history of the relationship she had with her mother and her current financial status to determine if she had been adequately provided for in her late mother’s will.
Our client had an extremely close relationship with her mother and father, so close that her parents moved cities to be close to her and built a granny flat in their backyard for her and her family to live in. Unfortunately, her relationship with her mother soured upon the death of her father when our client’s siblings became aware that she and her daughter were receiving most of their mother’s Estate in return for caring for their parents.
This led to a fight and our client and her mother’s relationship became distant, they would talk once every few weeks. Following these events, our client’s brother (the defendant) started caring for their mother as she once had and as a result our client was left out of her mother’s will and did not receive a share of the Estate.
Our client has recently been diagnosed with a permanent illness that will affect her financially for the rest of her life. Our client was not financialy secure, our client and her husband did not own the property they were residing in and did not own any assets. Their savings were minimal.
Our client made it clear that she did want to contest the will, but did not want to go to Court and asked our expert lawyers whether a settlement was possible without filing proceedings in the Supreme Court of NSW.
After receiving these instructions, Mr Garbis Kolokossian engaged with the solicitor acting for the estate and encouraged the parties to negotiate in good faith to try and resolve the matter. After exchanging a number of offers the parties were able to settle. Our client recieved $120,000. This will help her significantly with paying for her medical bills and living situation in the future. She was particularly impressed at Gerard Malouf and Partners Expert Solicitor, Garbis Kolokossian’s, ability to settle the matter before it was advanced to court proceedings thus saving her a substantial amount of money.
If you are an adult child and have been left out of a Will and you are seeking information about contesting a Will or want to discuss how successful your claim would be, please contact Gerard Malouf and Partners and speak to one of our Expert Solicitors today on 1800 004 878.