Client receives 25% of mother’s estate in will dispute settlement

Published 04 Sep 2013

Author: Garbis Kolokossian

This was a particularly special case. Our client, found it very difficult to bring himself to disputing a will. He was always very close to all members of his family and struggled with the thought that the differences they had could not be sorted out amongst themselves.

After speaking to GMP Will Dispute Lawyers, our client was comforted by the idea that all steps would be taken to try and resolve the matter amicably between members of the family. It was explained to our client that Gerard Malouf & Partners, respects the sanctity of family relations and also understands the long term implications disputed estates could have and overall family relations.

Our client, the biological child of the deceased, had been left out of his mother’s will. His mother had left the entirety of her estate to her grandchildren. Unlike regular grandmother/grandchildren relationships, the deceased was the main carer for her grandchildren during the earlier years of their life.

Our client had assisted his mother financially following the death of his father, when our client was still a teenager. Our client was the main breadwinner for his family from a young age and helped his mother in raising his younger siblings and maintain the family home. Even after he got married and moved away to start his own family, our client continued to assist his mother financially.

As his mother approached old age, our client tried to help her renovate her house so that she could access it more readily. He could not keep this up because he was working long hours in a labour intensive job whilst he was trying to renovate his family home. Our client’s failure to attend to the full renovations of the home lead to the breakdown in the relationship

Keeping in mind our client’s instructions not to undertake formal estate litigation in the Supreme Court of New South Wales and to try and resolve the matter amicably,  will dispute lawyer Garbis Kolokossian put the executors of the estate on notice of our client’s intention to make a claim on his late mother’s estate. A draft Affidavit was prepared which armed Garbis with the tools necessary to do as the client intended and negotiate on his behalf. Over the course of negotiations an offer of settlement was made where our client received 25% of the estate.

Our client instructed will dispute lawyer Garbis Kolokossian to accept the offer on his behalf. Given the fact that our client didn’t want to litigate the matter and cause problems in the family relationship, our client was ecstatic over the result. We have been told that the family relationship is now back on track and reconciliation between the parties is imminent.

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