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 […]

Daughter Successfully Contests Distant Father’s Will and Wins $70,000

An adult child from Frankston Victoria, approached Gerard Malouf and Partners to contest the will of her late father. Our client did not have contact with her father until she was the age of 42 when he sent her a letter saying that he regrets having missed out on so much of her life. From […]

Estranged Husband Successfully Contests Will in NSW

A husband expected that he was not going to outlive his late wife due to health problems. Thinking ahead, our client took his name off the property’s deed to make it easier for his wife in the future. Prior to his death, his wife ended their marriage. However, they still had a great relationship, so […]

Adult Son Contest Father’s Will in New South Wales and Wins $75,000

Gerard Malouf and Partners was approached by an adult son seeking information on how to make a Family Provision Claim. He was specifically wanting advice on how to contest his father’s will in New South Wales. During his initial free consultation, our client was asked to outline the history of his relationship with his father […]

Estranged Son from Penshurst Contests Mother’s Will and Wins

Gerard Malouf and Partners was contacted by an adult son wanting to contest his mother’s will. They shared a close bond until the day he did not invite his sister to a family barbeque. Our client did this as he and his sister did not get along and the barbecue was a small, informal gathering. […]

Father Dies Intestate & Biological Daughter Receives $150,000 from the Estate

A client approached Gerard Malouf & Partners to ask what her rights were in relation to her biological father passing away intestate. The biological father passed away in the state of New South Wales, however, he did not leave a Last Will and Testament. The client instructed GMP that the Estate solicitors had made an application for letters of administration.

Two Adult Children Receive Provision out of an Estate Gifted Entirely to the Widow

Gerard Malouf and Partners were approached by two siblings, a brother and a sister, wanting to contest their late father’s Will. Our client’s late father had passed away gifting his entire estate to his widow, the widow being our client’s step-mother. The deceased and the widow shared a long and strong marriage of about 30 years.

A Central West NSW Man Successfully Contests Will of his Late Mother

Gerard Malouf and Partners were approached by an estranged biological son who was seeking advice on his rights regarding contesting his late mother’s Will. The client’s mother passed away quite suddenly and although our client had not seen his mother for many years, he attempted to keep in contact with her and did his best to maintain their relationship. Despite mentioning our client’s two siblings from a later marriage, there was no mention of our client in the Will.