SON AND DAUGHTER LEFT OUT OF FATHER’S WILL SUCCEEDED IN GAINING A JOINT SETTLEMENT OF $120,000

Published 24 Apr 2013

Author: Garbis Kolokossian

A brother and sister approached our firm in August 2012.      They instructed our firm of their father’s passing and explained that he had left his entire estate to his youngest child. The only beneficiary under the deceased last Will and Testament (our client youngest brother) was described as the “black sheep” of the family. He never worked a full day in his life, did nothing to support himself and was highly dependant on his father for assistance. It was clear to our clients and our office that the main beneficiary was using his fathers loving nature to his advantage.

Unfortunately as age become a factor, the deceased became increasingly difficult to talk to and was very easy to intimidate and influence. Whilst it was never suggested that the deceased didn’t have capacity to draft his last Will and Testament it was obvious that the main beneficiary used his dependence to have his father draft a Will that would be in his favour.

Unfortunately due to a breakdown in the relationship with their brother both our clients had become estranged from their father for some 15 years prior to his passing. They had very limited contact with him and neither party made an effort to regain contact. Instructions were obtained by Mr Garbis Kolokossian, Contesting Wills Lawyers from our firm who immediately prepared a notice to be sent to the executor of the estate and more importantly prepared a draft affidavit which was used as the primary evidence in negotiations.

An offer of settlement was conveyed on the estate immediately following receipt of the Probate documentation and a settlement was reached for our clients within 5 months of taking instructions.

Not only did the clients save a huge amount in legal fees, but they obtained a result in a short period of time allowing both of them to move on with their lives and not have the emotional burden of going through lengthy litigation proceedings.

This goes to show the importance of contacting GMP Contest a Will Lawyers early. The benefit of having a pro-active lawyer is experienced, aggressive and a team that understands the importance of early preparation with the capacity to identify issues early whilst at the same time providing sound legal advice.

A fantastic result with very happy clients. 

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