Contesting Will Settlement for Pensioner left out of his father’s will

Published 02 Oct 2013

Author: David Cossalter

Our client’s father passed away leaving him nothing in his will. Our client was an elderly gentleman on an aged pension with limited money to live off in his retirement. Although our client lived at a great distance from his father, he had kept in touch with him on a regular basis. Our client had also assisted his father during several periods of financial difficulty.

Our client was concerned that his father was unwell during the later years of his life, and that he may have been influenced by his other children at the time when he made his will. He decided to contact GMP Contesting Wills Lawyers to get to the bottom of the issue and if required contest his father’s will.

Upon being instructed in this matter we acted quickly to try and settle the claim out of Court. Our client’s intention was always to avoid formal litigation and keep legal costs at a minimum, but if required show strength by disputing the estate. The executor of the Estate was unresponsive, and did not take our the claim seriously, so we were left with no option but to commence Court proceedings for family provision.

After taking steps to initiate proceedings, the executor realised that our client would not be stood aside and made contact with GMP Contesting Wills Lawyers. At this point we were able to engage the estate in discussions whereby more reasonable offers were made.

Despite initial delays we were still able to settle the matter relatively quickly, and as such keep legal costs to a minimum. The estate had a total value of $120,000.00 and we were able to secure $30,000.00 for our client, and amount which represented 25% of the estate. This was a very good result and the client was very happy with final amount payable to him.

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