Western Sydney Man Challenges Will of De Facto Partner After She Reneged on Promise

Case Overview Our client commenced a relationship with the deceased about 6 years before her passing. Approximately two years into their relationship, our client moved into the home of the deceased and assisted her with domestic duties, paying her bills and rent. On multiple occasions during their relationship, the deceased made promises to our client […]

Can family contest a will?

When a family member passes away, their estate is divided according to their will, or (if they died intestate), according to Australian inheritance law. If there are no heirs and the deceased died intestate, the estate goes to the Crown. However, in most cases, each of the family members of the deceased receive a share […]

Challenging a will

Challenging a will can be an arduous process, with a heavy burden of proof required before a will can be successfully set aside. However, if you have strong reason to believe the deceased was manipulated or coerced, or was not mentally capable at the time the will was written, you may wish to seek such […]

Biological Daughter Brings Family Provision Claim and Wins Quarter of Estate

Case Overview We were contacted by our client, an adult daughter wanting to make a family provisions claims against her late father’s estate. Our client initially contacted us by phone and was provided with advice on the spot about her eligibility to bring the claim and likely prospects of success. As an adult daughter, our […]

Contesting a will in New South Wales

Do you believe that you have been unfairly excluded from a will, or not given the fair share of an inheritance you deserve? Whether you think the testator was under undue influence of a third party, or the deceased chose to illegally or unfairly exclude you from their will, you have rights. In NSW, the […]

NSW South Coast man receives further $350,000 through claim on wife’s estate

Case Overview Our client lived with and cared for his wife throughout their marriage including after she became ill and passed away After learning that he had not been adequately provided for under his wife’s Will, our client contacted Gerard Malouf and Partners to ascertain his rights in contesting a Will. During negotiations, we were […]

Estranged Adult Child Successfully Contests Will After Relationship Breakdown

A client approached Gerard Malouf and Partners after his biological father passed away and he was left out of the Will. The client spoke with a solicitor and was provided with obligation-free advice on the likelihood of successfully bringing a claim for provision out of the Estate. As a biological child, he was eligible under […]

De-facto husband contests Will and receives one third share of Estate

A client approached Gerard Malouf & Partners after finding out he had been left out of his partner’s Will. The Will was changed the day before she passed away while she was in the hospital and left everything to her two children and nothing to our client. Our client spoke with a senior solicitor and […]

I am not a family member of the deceased. Can I still contest their will?

When a loved one dies, their will is a crucial legal document to help sort out their affairs. Even though they are binding legal documents, family members and other eligible parties have the right to contest the will if they feel they were unfairly provided for. Among many other factors, courts will take a close […]

What happens when a family member dies without a will?

When a family member passes away – whether unexpectedly or not – they may leave behind a complicated legal proceeding if they do not have a will in place. People who die but have no wills on file are considered intestate, according to The Public Trustee Queensland. In such cases, the Succession Act of 1981 is […]