Case Overview
- Our client had a fall out with his mother a few years before she passed away.
- The man was worried that due to the fallout, he would get nothing from her estate.
- We helped our client receive a compensation offer that he was happy to accept.
Our client was significantly worried that due to a fall out with his mother a couple of years ago (before her death), he would get nothing from the Estate.
Although the client did maintain a loving relationship with his mother throughout her lifetime, the relationship became strained when our client was seriously injured in a motor vehicle accident and was no longer able to visit his mother and provide her with assistance.
“Proceedings commenced in the Supreme Court and a court ordered mediation took place over the phone”
GARBIS KOLOKOSSIAN
Our Approach
Notwithstanding the difficulties that our client faced, Gerard Malouf and Partners took on the claim on a ‘no win, no fee’ basis and immediately put the estate on notice of our client’s intention to contest the will.
Proceedings began in the supreme court of New South Wales and a Court-ordered Mediation took place over the phone.
If you or your family member find yourself in a similar position and are strongly concerned about not receiving a benefit out of a deceased’s estate, please give Gerard Malouf & Partners a call as soon as possible to discuss your rights and entitlements.
The Result
After various offers were exchanged, the matter was settled. Our client was happy to accept the offer as this sum of money would allow him the funds to start a new life and move towards a comfortable financial position.
Frequently Asked Qeustions
More Information
The first step in disputing a will should be a consultation with solicitors from a law firm that includes family provision claims among its areas of expertise. This conversation will involve a frank analysis of your dispute and its chance of success.
If seasoned lawyers consider your matter valid, then you can declare your intent to claim. This should take place not long after the death or grant of probate (New South Wales permits filings up to 12 months post-death, but the limit is 6 months in). You must clearly argue that you have a pertinent connection to the decedent entitling you to compensation you didn’t initially receive, and explain the “moral obligation” to you this individual should have met.
Successful arguments of these facts will earn you a day in court. Depending on the situation, you may be more likely to resolve this in mediation than before a magistrate; it all depends on how strongly the defendants oppose your claim. You can receive financial compensation in either context if your case is resolved in your favour.
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Do you need a lawyer to dispute a will?
You are entitled to represent yourself (and yourself alone) in all Australian legal matters, criminal or civil. But you cannot represent anyone else; e.g., without a lawyer, you wouldn’t be able to mount a challenge alongside others if all of you were disenfranchised by one particular beneficiary.
Moreover, unless you have significant experience in family law, doing so is a huge mistake. Contesting a will is an extremely complex undertaking, involving intense emotions and high tension, and while an experienced lawyer can manage these matters effectively and objectively, you almost certainly cannot.
Will Dispute Lawyers will also be invaluable in cases challenging the actions of an executor, which can go as high as the Supreme Court.
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How the process of making a claim on an estate works?
In NSW, if you are an eligible person and you wish to contest a will, you must do so within 12 months from the date of the testator’s death. In some cases, the court may make an exception if you were unaware of the death of the testator for longer than 12 months.
As an eligible person, you will likely be making a family provision claim. The court will consider many factors when judging whether or not you are eligible to receive an inheritance due to a contested will.
