Contesting a Will in the ACT: Grandchildren successfully claim on their Late Grandmother’s Estate

Published 10 Dec 2014

Author: Richele Nelsen

We were instructed to act on behalf of two siblings in relation to making a claim for provision from the Estate of their Late Grandmother. Our client’s grandmother resided in Canberra and therefore any claim on her Estate would be in accordance with the laws of the ACT, begging the question: Can grandchildren successfully claim on their late grandmother’s estate?

This question led the grandchildren to contact Gerard Malouf & Partners where we were able to assist them with their will dispute on a no win, no fee basis.

Our client’s father died two months prior to the death of their grandmother. The laws in the ACT allow for grandchildren to make a claim on an Estate in circumstances where their mother or father, being a child of the deceased grandparent, dies before the grandparent. As such, Court proceedings were commenced making a claim on an Estate.

Both clients had young families and were paying off mortgages over their properties. The Executor’s of the Estate initially denied the claim on the basis that our clients did not have a personal relationship with their grandmother and had not seen her since they were children. Our experienced Will dispute team were able to put forward convincing evidence in support of our clients’ claims.

We were able to negotiate with the Estate to a point where our clients accepted an offer to settle their claims whereby they each received $80,000.00. We were able to achieve this result without the need of going to a Court Hearing or Mediation, keeping costs to a minimum and maximising the benefit to our clients.

If you have an enquiry about contesting a Will or other Will dispute matters, contact Gerard Malouf & Partners today on 1300 768 780 for your first free consultation.

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