Published 27 Mar 2018
Author: David Cossalter
Gerard Malouf and Partners was approached by an estranged son who was seeking advice on how to contest a will in New South Wales after being left out of his late father’s will. The father had recently passed away and, due to a dispute regarding family matters, left his estate to his two other sons as well as his wife and close friend. There was no mention of our client in the will. During the free initial consultation, our client was advised on the possible risks of contesting the will and the associated issues of estrangement that will rise inevitably.
During the consultation, our client explained that he had been cut out of his late father’s will whilst his two biological siblings had been written in. This occurred after he had stopped working with his father after they had an argument regarding family matters. Their relationship was further strained when his father thought his son had actively attempted to disrupt his business, an allegation that was strenuously disputed by our client. This led to both our client and his father not having spoken again since the argument, including when they both attended the same events.
In the initial consultation, our client was advised that just because he was his father’s biological son did not mean that he was entitled to provision of the estate. It was explained to him that in matters of this nature, the usual course of action is that the parties will either resolve the claim prior to litigation or will be forced to commence formal proceedings by way of a Summons in the Supreme Court of New South Wales.
Gerard Malouf and Partners Expert Lawyers were instructed to act on behalf of our client in an attempt to contest the will.
The will was successfully contested at mediation resulting in our client receiving $200,000.00. Our client was extremely satisfied by not only the outcome but by the fact that our expert lawyers settled the matter before it had to go to Court and thus legal costs were minimal.
If you have been unjustly left out of a Will, please do not hesitate to contact the experienced GMP Contesting Will Lawyers for a free consultation on 1800 004 878.