Daughter Excluded from her Mother’s Estate receives $200,000

Published 13 Aug 2014

Author: Richele Nelsen

Living in a home in extensive need of extensive repairs which she could simply not afford, our client was shocked and hurt when she found out her mother had left her out of her Will. Our client’s mother had 3 children and 10 grandchildren at the time she passed away. She died leaving a modest estate which she had gifted to one of her daughter’s and 8 of her grandchildren.

After seeing the Will, our client contacted solicitors about making a claim and contesting a will. She did not initially contact Gerard Malouf & Partners and instructed another firm to act on her behalf in pursuing this claim. The solicitors with carriage of the file did little to action the claim and accordingly our client approached Gerard Malouf & Partners to take over her Will dispute claim. Shortly thereafter, we prepared an Affidavit of our client setting out her current circumstances and filed proceedings in Court. We were able to commence proceedings within three months of taking over our client’s file and reach a settlement shortly thereafter.

Our client was on an aged pension, still paying off a mortgage over her property and living in a house which required extensive repairs from both weather and termite damage. We qualified an expert to prepare a report on the building and the extent of the repair work that needed to be carried out. The purpose of this report was to support our client’s claim for her need for provision from the estate.

Our staff are experienced in Will disputes and family provision claims and have exceptional negotiating skills. Within 4 months of the matter being filed in Court our client was ecstatic to resolve her claim for approximately $200,000.00 without the need of going to a Court Hearing. The settlement funds were sufficient to meet her mortgage and pay for extensive repairs required around her home.

If you have been left out of a Will or feel that you should have received more from an Estate, contact our office today on 1300 768 780 and speak to our experienced staff about contesting a will.

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