Disabled Daughter Inadequately Provided for Successfully Contests Mother’s Will

Published 26 Dec 2017

Author: Garbis Kolokossian

Gerard Malouf and Partners, Contesting Wills Expert Solicitor, Mr Garbis Kolokossian, was approached by our client seeking information on how to contest a will in New South Wales and the likelihood of her claim being successful.  She received initial advice on how to contest a will, the process of making a family provision claim, what evidence would be necessary as well as providing advice as to the likelihood of success.

During her first free consultation, our client illustrated to Mr Garbis Kolokossian the history of her relationship with her mother. She explained that their relationship had always been on good terms and that they grew even closer as they aged. Over the past ten years, she had spent a number of years living with her mother and they talked every day by phone or in person. Out of her siblings she had spent the most time with their mother and as a result was confused as to why she was left the smallest share of her mother’s Estate.

Our client has a permanent learning disability from birth which has caused tension in her relationships with her other siblings and father. Her mother was the only member of the family who was always kind to her.  Our client was emotionally dependent on her late mother. Currently, our client has no prospects of obtaining any meaningful employment due to her disability and as a result is completely financially dependent on her husband who has been retired for over fifteen years. She was advised recently that her husband has a life expectancy of eight and a half years. This means that upon his death she will experience serious financial hardship as she has no income besides a disability pension which she receives once a fortnight.

Mr Garbis Kolokossian assisted our client in lodging a claim for provision by filing a summons in the Supreme Court of New South Wales. We prepared our client’s primary evidence and then engaged with the estate, to see whether or not a settlement could be achieved.  After extensive settlement discussions, the parties were able to resolve the claim in favourable terms to our client.

Our client was extremely satisfied by the result of the settlement and this will significantly help her plan financially for the future.

If you have not been adequately provided for in your parent’s will and are seeking advice on how contest a will or whether or not you have a strong claim please contact Gerard Malouf and Partners Contesting Wills Experts for your first free consultation to receive the help you need.

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