Published 28 Aug 2018
Author: Garbis Kolokossian
A client approached Gerard Malouf & Partners to ask what her rights were in relation to her biological father passing away intestate. The biological father passed away in the state of New South Wales, however, he did not leave a Last Will and Testament. The client instructed GMP that the Estate solicitors had made an application for letters of administration. The Estate was approximately $900,000.00, however this sum did not include an $880,000.00 interest in any life insurance benefit.
The client was significantly worried that due to the rules of intestacy, her mother would receive the majority of the estate and as a result she would either transfer the main assets to the client’s siblings or provide a significant financial benefit by way of large gifts to them. The client was concerned that she would end up with nothing from the Estate. The client did not experience a comfortable financial position and infact could barely make ends meet. The client experienced a recent separation from her husband and was seeking provision out of the Estate to assist her in starting a new life.
Although the client did maintain a loving relationship with her mother and her father throughout their lifetime, the client’s siblings had previously interfered in the client’s relationship with her mother causing significant tension between them. The nature of their relationship made the client extremely concerned that she would not receive a benefit out of the Estate despite the relationship she maintained with her father. The client’s mother owned her own home and the client believed that in the event that provision would be made for her, there would still be a significant amount of provision left for the mother which would be adequate enough to provide for her for the rest of her life.
Proceedings were commenced in the matter at the Supreme Court of New South Wales and an Informal Settlement Conference took place over the phone. After various offers were exchanged, the client was offered $150,000.00 out of the Estate. The client was happy to accept given that this offer as this sum of money could greatly assist her in starting a new life and move towards a comfortable financial position.
If you or your family member find yourself in a similar position and are strongly concerned about not receiving a benefit out of a deceased’s estate, please give Gerard Malouf & Partners a call as soon as possible to discuss your rights and entitlements.