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 New South Wales law to bring a claim, however, the client was worried that the fact that he had been estranged from his father for many years would stop him from bringing a claim.
The breakdown in the relationship happened when the client was a child and his parents separated. The breakdown was not the fault of our client, but due to hostilities between our client’s parents and genuine loss of contact in later life. Weeks before his father’s death, our client was contacted by his father and had begun to reconcile.
Shortly after contacting us, we commenced proceedings for our client without delay in the Supreme Court of New South Wales and within a short three months, the parties participated in a Mediation and settled the matter for a lump sum of $136,000.
The client was thrilled with this result; before speaking to GMP he was not even sure if he would be able to successfully bring a claim due to the long estrangement.
If you are looking to contest a Will or want information about requirements to contest a Will, call Gerard Malouf and Partners where you will receive expert advice on your eligibility and your likelihood of success today.
