Adult Daughter Left Unequal Share of Father’s Estate, Makes a Claim and Wins a Share

Published 25 Jan 2018

Author: Garbis Kolokossian

An adult daughter in Brisbane contacted Gerard Malouf and Partners Expert Lawyer, Mr Garbis Kolokossian, for advice on how to contest a will in Queensland. The relationship between our client and her late father was distant from the beginning due to her parent’s separation and as a result she would only speak to her late father a few times a year over the phone.

During her childhood our client attempted to contact her late father on numerous occasions to speak to him but she was unsuccessful. As a child she longed for his care and protection whilst growing up. Years passed on and she stopped attempting to contact him out of fear of being rejected yet again and as a result, their relationship further deteriorated.

Our client’s current financial situation is poor, she rents the premises she lives in and has no assets to her name. She has no savings and is unable to improve her financial situation as she stays at home to take care of her ill mother. In recent years she has developed some disabilities that are expected to get worse in the future as advised by her treating doctor. As a result, she will need funds to tend to these disabilities in the future.

Upon her first, free consultation, Mr Garbis Kolokossian advised our client that in order for a will to be successfully contested, there must be evidence that our client had not been adequately provided for in her late father’s will as well as establishing substantial need. Looking at the evidence available, she was advised that she had grounds to contest her late father’s will and that she could make a claim for the maintenance, education and advancement of her life. We received instructions to commence formal proceedings making a claim for provision out of the estate, as a result of this step the parties were required to participate in a Mediation.

The mediation took place in Brisbane, after a full day of negotiating in good faith, a settlement was achieved. The will had been successfully contested and our client received, in addition to the amount that she was initially entitled to in the will, a substantial amount by way of further provision. It was an excellent outcome for our client and she was extremely satisfied with the service provided to her by our Contesting Wills Expert Solicitor.

If you are an adult child who has received an unequal portion of your parent’s Estate and are seeking to contest their will, please contact Gerard Malouf and Partners Expert Lawyers for a free first consultation.

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