Published 17 Dec 2014
Author: David Cossalter
Our client’s father passed away leaving a relatively small estate, and the estate was further undervalued by the executors. We were able to obtain and serve evidence on the executors of the proper value of the estate. The estate true value was close to $500,000 of which our client was only left $30,000. Our client contacted GMP will dispute lawyers to see if she could pursue a contesting a will claim. Following initial instructions, our client was able to gain $140,000 and Speedy Resolution.
Our client had a good relationship with her father as she was growing up, and even after she moved out of home she never lived more than a short drive away. Our client looked after her mother and father after they retired and often drove them to various appointments.
Our client was only left $30,000 in her father’s will. This was due to the fact that her father had borrowed $35,000 from his brother under an agreement that if our client’s father could not repay the money in his lifetime he would leave the majority of his estate to his brother. The deceased’s financial circumstances changed for the better and he was able to repay the money. He promised our client that he would change his will so that her and her sister would benefit from the estate in equal shares. However, the deceased’s brother exerted influence over him and as a result he was scared to change his will to reflect his true wishes.
Despite her disappointment at her father’s lack of courage, our client maintained contact with him and looked after him as his health deteriorated. After his death our client felt that she had to stand up to her Uncle.
We commenced negotiations with the executors’ solicitors on behalf of our client. They made an offer of settlement of $140,000 which our client was happy to accept. Our client was overjoyed with this outcome as it was achieved without initiating will dispute court proceedings, and thus saved her time and money which she would have spent if proceedings were initiated.