Published 24 Sep 2014
Author: Garbis Kolokossian
Our client, a de facto partner of the deceased contacted GMP Contesting Wills Lawyers, when she learnt that the deceased did not provide for her under his last will and testament. She explained to Garbis Kolokossian that she had resided with the deceased for a period of 12 months prior to his passing. She explained that she was confused. She had numerous questions about contesting a will, the grounds for contesting a will and whether this was the right thing to do. This de facto partner contested the will and settled outside of Court.
It was very clear from the outset that the relationship between our client and the biological children of the deceased was a turbulent one. The circumstances require a higher degree of care in particular in circumstances when weighing up the opportunities of resolving a claim for our client which will ultimately provide her with the best result without incurring unnecessary and excessive legal fees.
It was explained to our client at the initial conference that she was eligible and fell within the criteria of persons that could consider contesting a will.
During that initial conference the client was provided with valuable information on what needed to be prepared and what information was needed when contesting a will. Generally speaking, it was explained to the client how to contest a will and a detailed explanation was provided as to why she did in fact have grounds for contesting a will.
As usual practice, Gerard Malouf and Partners did all that was possible to try and resolve the matter amicably between the parties and affording the defendant an opportunity to resolve the matter without incurring unnecessary legal fees.
Given the attitude of the defendant, and their absolute disregard to the attempts made to settle the claim, a summons was filed in the Supreme Court of New South Wales.
After extensive affidavit evidence being filed on behalf of our client, the defendant considered the matter and conveyed a number of offers of settlement with a view of attempting to resolve the matter between the parties.
The offers conveyed by the defendant acknowledged that our client had appropriate grounds for challenging a will and made a final offer of settlement that our client simply could not refuse.
Our client now walks away with a significant percentage of the estate and the peace of mind that she will be provided for into the future.
It took our client no more than 12 months from the time that she initially walked through our doors providing our office with instructions that she intended to contest a will, to receiving advice on how to contest a will, to eventually finalising her claim by way of a settlement outside of court.
If you are a widow, De facto wife/husband, partner or a person who has resided with and all have been dependent on a person throughout that person’s life and yGaou have not been provided for in his or her will, contact the experts at GMP Contesting Wills Lawyers who could help you.