Grandson Contests Grandmothers Will and Succeeds

Published 29 Mar 2018

Author: David Cossalter

Our client’s upbringing was no ideal. His mother treated our client poorly and not in a manner in which one would treat their son. DOCS became involved and eventually removed our client from the care of his mother and placed with his Maternal Grandmother. During the period in which the client lived with his grandmother, our client and his mother had minimal contact and always saw his grandmother as the significant mother-figure in his life. Our client relied on his grandmother in all ways a son would rely on his mother. Our client remained there for a many years until he reached the age of 28 only to leave the residence when he went to live with his partner.

Although our client moved out from his grandmother’s residence, he still attended upon her 2-3 times per week to check in on her. His grandmother had great relationship with his children and was always involved in his family.

Testing times caused our client to move back into his grandmother’s house along with his wife but not his children. Our client experienced drug problems and his partner was mildly mentally disabled which resulted in their five children being taken from them. He and wife stayed with his grandmother until her death. Our client and his wife would regularly take his grandmother to the hospital during the 3 week period prior to her death.

Ultimately, his grandmother passed away. It was not long after until our client realised that his grandmother had left a will prior to her passing, leaving the whole of her estate to our client’s aunty. Due to our client’s relationship with his grandmother, not only was he an eligible person to make a claim under his grandmother’s will, he was entitled to it.

Our client made a family provision claim in the hopes that he would be able to settle debt but most importantly, regain the care of his children. Because of the passion and tenacity of the solicitors at Gerard Malouf and Partners, our client was able to settle the matter and receive $170,000.00 from his grandmother’s estate. Our client is now able to properly grieve for the loss of his grandmother and can now focus solely on regaining his children.

If you have been left out of a Will, or feel that you have been unfairly treated in a Will please contact our expert lawyers at Gerard Malouf & Partners for your first, no obligation consultation. 1800 004 878.

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