Mediation Settlement: Biological Son left minor bequest claims and wins

Published 21 Jun 2013

Author: Garbis Kolokossian

Our client, the Biological child of the deceased, had a fantastic relationship with his late father. He would spend every week with him, spend time playing recreational Golf, and would invest many hours of his week talking to him.

Our client describes his relationship with his father as “Perfect”. It is for this reason that you could imagine how horrified he was when he learned that his father had left his modest estate to our client’s Sister and Brother with only $1,000 to our client.

Immediately upon receipt of the Will and after unsuccessfully trying to resolve the matter between the family  our client sought advice from Garbis Kolokossian from our office. He was provided with advice on his rights and entitlements with a promise from Garbis Kolokossian personally to get him a positive result.

The file was opened immediately, and steps were taken to put the estate on notice of our clients intention to make a claim. In order to try and save costs, offers of settlement were conveyed on a compromised basis. The offers of settlement were all rejected which forced the matter to Court.

Garbis Kolokossian, prepared our clients evidence, and had the Summons filed in the Supreme Court within six months of obtaining instructions. Soon after, the matter was referred to Mediation. By this point the matter had advanced quite considerably.

After lengthy negotiation our client was able to secure a fantastic result leaving him with (in excess of) $100,000 clear in his pocket. It is worth noting that our client beat the initial offers and was able to have the majority of his contesting a will legal fees paid by our opponents.

A great win, a very happy client and an overall fantastic result.

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