GMP Contesting Wills Lawyers successfully fought for the entitlements of a deserving client that was unfairly denied rights to her father’s Estate

Published 15 May 2018

Author: David Cossalter

Our client was unjustly denied her entitlements of her father’s Estate. GMP Contesting Wills Lawyers, worked tirelessly to right this wrong and was able to successfully contest the Will.

Our client shared a close relationship with her father until her parent’s separation when she was aged 12. Sadly, there was a bitter custody battle between our client’s parents and ultimately it was decided that our client was to live with her father.  In the early stages of our client living with her father she felt loved and cared for. Our client’s father constantly doted on her, he even brought her a pony in an effort to cheer her up.

Approximately 2 years passed and things were going really well between our client and her father, however, this came to a dramatic change when our client’s father remarried. Our client’s step-mother was 4 years her senior, however, despite being close in age, the step-mother was very insistent on dominating over our client. Our client’s step-mother treated her very harshly and at every opportunity she got, the step-mother created a wedge between our client and her father.  The step-mother encouraged our client’s father to forbid our client from having any contact with her mother. Our client was completely isolated and eventually it came to the point where she could no longer withstand the physical and psychological abuse inflicted on her by both her step-mother and father. At this stage our client was nearly aged 18, so she decided to move in with her mother. Our client’s father took this very gravely. After moving out our client made many attempts to reconnect with her father, but downheartedly he wanted nothing to do with our client.

Some years down the track our client came to know that her step-mother had left her father, so in order to ensure that her father was okay, she reached out to him. Our client’s father was pleased to hear from her and it was certainly a happy reunion. The relationship between our client and her father again continued to blossom as it once did when our client was a little girl.

In approximately in 1993, our client became engaged and was planning her wedding. As many would agree this is usually the happiest of occasions in a young women’s life. Sadly for our client, this happy occasion was tarnished by her father. Our client’s father refused to attend the wedding, if our client’s mother was going to be present. This ultimatum devastated our client. Our client did not want to upset her father, but at the same time she did not feel that she could not invite her mother to her wedding. Unfortunately, for this reason our client’s father ceased all contact with her and failed to attend her wedding.

After the wedding our client on many occasions wanted to reach out to her father, but was afraid of being rejected by him as he made it very clear that he wanted nothing to do with her as long as she remained in contact with her mother.

Regrettably, our client was unable to reconcile her relationship with her father and after some years he passed away. Our client was very sadden by the news and was also shocked to find out he had disinherited her, because she refuse to desolate her relationship with her mother.

Mr David Cossalter, Partner, of our firm recognised the injustice in this and fought on behalf of our client. Mr Cossalter, was able to successfully contest the Will of our client’s father and was able to seek a family provision in the amount of $150,000.00, which was a fair portion of the Estate.

Despondently, unjust circumstance similarly to those experienced by our client are not uncommon. If you have been deprived of your entitlements or know someone that has, we encourage you to promptly contact us on 1800 004 878 or complete our email enquiry form.

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