Adult Biological Child Makes a Claim on her Mother’s Small Estate

Published 17 Apr 2018

Author: David Cossalter

An adult daughter from Sholehaven  contacted our office to take advantage of our first free consultation when seeking advice about her late mother’s estate.  During this initial consultation, our client was provided with advice in relation to how to contest a will, the things the court at and issues eligible people face.

Following this initial consultation, we opened up a file, took down a detailed statement and put the estate on notice of our client’s intention to make a claim.  In that initial correspondence we requested that the estate provide us with information relating to the size of the estate, requesting for a copy of the will and other preliminary information that would allow the solicitor to provide our client with further advice in relation to contesting the will.

Gerard Malouf and Partners, received a response to our correspondence. In the material provided we learnt that the estate assets did not exceeding $250,000.  When dealing with a small state the parties need to be careful to ensure that costs do not outweigh the benefit of making a claim.  It is also essential that you have a strong negotiator on your side to maximise any benefits that you will receive noting the courts this like for claims being brought where the costs may outweigh any potential benefit to the plaintiff or the current beneficiaries.

Essentially, the matter was litigated on the basis that Gerard Malouf and Partners would seek an order from the court forcing the parties to participate in an informal settlement conference with a view of attempting to bring about a full and final settlement.

On this occasion, the judge explained to all the parties the risks associated with contesting a will and the benefits in negotiating in good faith when attempting to resolve a family provision claim.

The parties negotiated in good faith and eventually an agreement was reached whereby 35% of the estate was gifted to the adult child who was making a claim for a further provision out of the estate.

Our client was extremely surprised by the positive result.  She was extremely happy and satisfied with the manner in which the claim was progressed and the expeditious fashion in which the matter was resolved.

This allowed for the matter to resolve without incurring   unnecessarily high costs.

Are you an adult child that has been left out of a will? If so, you do have rights and you can make a claim. Contact Gerard Malouf and Partners Will Dispute Lawyers for your first free consultation where we will be able to advise you on whether or not you have grounds for contesting a Will and advise you on Estate matters.

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