Case Overview
- Our client was devastated after his late mother’s death as he was not included in her last will and testament.
- He consulted Gerard Malouf and Partners Will Dispute Lawyers for advice.
- We were able to achieve a desired result leading to a full and final resolution of his claim.
Our client, was devastated after the death of his late mother. To make things worse, he learnt, soon after her passing, that he was not provided for under her last will and testament. He consulted Gerard Malouf and Partners Will Dispute Lawyers for advice. During his obligation free initial consultation, our client was provided with comprehensive advice about how a family provisions claim runs, what the anticipated costs would be as well as the best strategies that should be implemented to contest a will.
Our client was advised that he is eligible to make a claim under the Succession Act and in order to be successful, he would need to demonstrate that the deceased had a moral duty to provide for him as well as a requirement to demonstrate his financial need.
After making attempts to resolve the claim without prejudice, we commenced proceedings in the Supreme Court of New South Wales and pushed the matter forward without hesitation.
“When contesting a will, it is necessary to ensure that you have all your evidence ready before a mediation to facilitate settlement discussions.”
GARBIS KOLOKOSSIAN
Our Approach
Gerard Malouf and Partners Will Dispute Lawyers take a very proactive approach to the preparation of claims to ensure our clients have the best possible chance of resolving their claim in the shortest period of time.
If you have been left out of will, if you want advice about how to contest a will and the best strategies to implement when filing a family provisions claim, do not hesitate to contact your Will Dispute Experts at Gerard Malouf and Partners.
The Result
After intense and extensive settlement discussions, we were able to achieve the desired result for our client, leading to a full and final resolution of his claim.
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.
