Published 06 Aug 2014
Author: Garbis Kolokossian
Our client, a biological child of the deceased, contacted Gerard Malouf and Partners and made an enquiry about his rights and entitlements to contest a Will in New South Wales. Mr Garbis Kolokossian explained when contesting a Will, it is necessary to show that you are an eligible person. During the course of the initial conference which took place at our client’s home (for convenience purposes for our client), Mr Garbis Kolokossian, Solicitor from Gerard Malouf and Partners, provided our client with advice that he is an eligible person and has an entitlement to make a claim and definitely had grounds for contesting a Will to seek provision out of his late father’s estate.
Our client, in the initial years of his life, was a person who had a very close and loving relationship with his father. It was our client’s view that at no fault of his own, his relationship with his father became very strained once his father and biological mother separated and divorced. Contact with his father almost ceased and there was no contact either in person or via telephone for a period of approximately 25 years up until the deceased’s passing.
During this time, the deceased had two other children from a subsequent marriage. It was the deceased’s intention to leave his entire estate to his biological daughters and left our client no provision.
After giving our client advice about what is required when contesting a Will, a very detailed Affidavit was prepared and a Summons was filed in the Supreme Court of NSW. After receiving a date from Court, the parties participate in a Mediation. It was the Defendant’s initial claim that our client would be unsuccessful if the matter proceeded to Court. Notwithstanding the above, Mr Garbis Kolokossian provided our client with advice to move forward and proceed with his claim. The matter resolved at a Mediation for $295,000.00 all inclusive of costs in favour our client.
Our client was forever grateful for the assistance of Gerard Malouf and Partners in explaining how to contest a Will, in assisting him in making a Family Provisions Claim and providing him with all of the advice he needed and guidance he required to adequately and effectively Contest the Will of his late father.
An overall great result and a very satisfied client.