Case Overview
- Our client’s father passed away in late 2019, leaving the bulk of his estate to his niece.
- As the sole surviving biological child of the deceased, our client was not provided for under the will.
- Gerard Malouf and Partners was contact to see if a claim on the estate could be made.
Our client’s parents had separated while she was very young. She was raised by her mother, while had a sporadic relationship with her father. Occasionally she would be taken to visit her father during school holidays, however, he was an alcoholic and made no effort to be a part of her life. In her later years, after having children of her own, matters improved, as our client and her father got the chance to get to know each other, and he even offered financial assistance. Our client encouraged a relationship between her children and her father, however, his alcoholism made it difficult for their relationship to endure. Although our client’s relationship with the deceased was not the strongest, as the biological child of the deceased she was eligible to make a claim.
Gerard Malouf & Partners’ experienced Will Dispute Lawyer, Richele Nelsen, understood the complex familial dynamics and took the time to get to know our client’s difficult history with her father.
“Our client was reliant on the carer pension as the primary caregiver of her intellectually disabled child. She did not have any substantial assets, nor did she have savings to plan for the contingencies of life.”
Richele Nelson
senior Associate
Our Approach
With an in-depth understanding of family provision applications, the court’s decision-making process, and our client’s dire financial circumstances, our contesting wills lawyers gathered evidence and submitted it to the Court in support of her claim.
Confident in our client’s claim on the modest estate, we invited the estate to participate in an informal settlement conference to see if the matter could be resolved without a lengthy and costly court hearing.
The Result
We negotiated a settlement of 40% of the estate, ensuring our client financial freedom to look after herself and her children in the future.
Richele Nelsen
Partner
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