Daughter Doubles Entitlement Under Her Father’s Will and Gives Effect to His Final Promises

Published 27 Aug 2014

Author: David Cossalter

Our client had a very loving relationship with her father who raised her as the son he never had. Even after our client’s father left her mother for another woman she maintained a close relationship with her father. They would regularly go to football games together and this gave them a chance to spend time together. Our client was left a modest amount from the estate and contacted Gerard Malouf and Partners to see if she could commence a contesting will in NSW claim. We progressed the matter and were able to double her entitlement under her father’s will.

Our client’s relationship with her father suffered when she chose a career in the arts and moved to France to further her career. Our client always kept in touch with her father but he did not reciprocate her efforts. Upon returning to Australia our client was able to locate her father and meet up with him. Following their relationship continued as though uninterrupted.

Following the death of her father’s partner our client moved in with her father to look after him in his old age. As our client gave up her focus on her career to care for her father she had fallen in to hard times financially.

Upon reading his will our client was shocked to learn that her father had only left her $125,000 in his will. She instructed us that her father must not have known the true extent of his estate, as he had promised to leave her half of his estate and to split the other half between his two children from his second wife. He had expressed this intention as a result of the sacrifices our client had made to care for him. As a result of her father’s failure to adequately provide for her she had no choice but to make a will dispute claim.

Upon receiving instructions from our client we commenced proceedings quickly but maintained negotiations with the other side. By using this approach we were able to settle our client’s matter quickly and effectively. We were able to double our client’s entitlement from her father’s will. Most importantly this secured our client’s financial security and gave effect to her father’s promises.

With the expertise and knowledge of the team at Gerard Malouf and Partners we were able to place our client in a stronger position when engaging the executor’s solicitors in settlement negotiations. This experience places our clients in an advantageous position as we are able to effectively argue the merits of their case and in turn obtain a favorable outcome without expensive legal battles.

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