Case Overview
- Our client lived with and cared for his wife throughout their marriage including after she became ill and passed away
- After learning that he had not been adequately provided for under his wife’s Will, our client contacted Gerard Malouf and Partners to ascertain his rights in contesting a Will.
- During negotiations, we were able to resolve the matter on the basis that our client receive a further $350,000 from the estate on top of the two properties he’d previously held jointly with his wife.
Our client was married to his wife for 40 years, during which time they built a life together and had three children. Our client lived with and cared for his wife throughout their marriage including after she became ill and passed away. Throughout their lifetime the couple purchased and sold various properties and held various bank accounts. Our client remained in employment throughout the marriage, providing the bulk of financial support. His wife worked intermittently, and her father gifted her and our client a property which was later sold and the funds used to purchase the family home. Upon her death, our client received the two properties held jointly with his wife.
Under his wife’s Will, all assets which were not held jointly were to go to their three children. Upon his wife’s passing our client learned that his wife had been holding large accounts solely in her name which under the will would be provided to their children to the exclusion of our client.
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Our Approach
After learning that he had not been adequately provided for under his wife’s Will, our client contacted Gerard Malouf and Partners to ascertain his rights in contesting a Will. Our experienced and caring Will Dispute Lawyer, Richele Nelsen, guided our client through the legal process whilst remaining sensitive that our client was grieving the loss of his wife.
With an excellent understanding of the Court’s consideration of Family Provision Applications, Richele ensured that evidence pertaining to our client’s strained financial circumstances was provided to the estate in support of his claim. Our client was reliant on a pension and lacked sufficient savings to meet daily living expenses and to plan for the contingencies of life.
Understanding the complex familial relationships intertwined in the claim, Richele was careful to place our client and his relationship with his children at the forefront of any settlement discussions, whilst ensuring she maximised his provision under the Will.
Confident in our client’s need to have been further provided for, under the Will, we entered into negotiations with the estate to see if the matter could be resolved without lengthy and expensive Court proceedings being commenced.
