Published 19 Dec 2017
Author: Garbis Kolokossian
Gerard Malouf and Partners was contacted by our client seeking advice on how to contest a will, what was needed when bringing a family provision claim, how this all impacted upon an estate when the person dies intestate and how our no-win-no-fee costs agreement worked.
She was informed that whilst she was the biological child of the deceased, the Defendant in these proceedings was the widow. This meant that in disputes where one party is a widow, the Court must ensure the protection of her lifestyle that was provided for if she was dependant on the deceased. After learning of the advantages and disadvantages of her case, our client instructed Gerard Malouf and Partners to make a family provision claim.
Since the day she was born, our client and her father shared an unbreakable bond. They did everything together from cooking dinner, going fishing and renovating the house. This bond grew even stronger after the unfortunate separation of her parents. Following their separation, she decided to continue living with her father and during this time, cared for him. Whilst she was not asked to pay rent, she did pay to furnish the interior of the house and her father was extremely appreciative of her generosity.
Their bond was so strong that when our client gave birth to her first child she appointed her father the child’s god father and she and her family moved in with him whilst their house was being built.
Following her father’s second marriage, she maintained a friendly relationship with her step-mother and step-sister. Unfortunately, years after they married, her father’s second wife left him to live with her biological daughter in Bondi without informing him of her decision.
After providing our client with advice on how to contest the will and what steps needed to be taken to expedite the claim, proceedings were commenced in the Supreme Court of NSW. After a short while, the matter was listed for a mediation.
The Mediation process was explained to our client, informing her that it was to allow the parties to negotiate in good faith in an attempt to achieve a settlement that both parties were happy with. Upon settlement of the dispute, our client was awarded $215,000. She was ecstatic over the outcome as it allows her to pay off her mortgage, pay for her children’s schooling and renovate her house.
If you have a parent that has died intestate please contact Gerard Malouf and Partners Expert Lawyers for a free legal consultation today.