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Stepson of deceased left $20,000 under will receives $350,000 after contesting

Case Overview
  • Our client’s stepmother passed away in late 2019, leaving the majority of her estate to her nephew.
  • In her last Will and testament, the deceased left a legacy to our client of just $20,000.
  • During negotiations, we were able to resolve the matter for the sum of $350,000.

Our client had lived with and relied upon the deceased for many years as a teenager. They had developed a close and loving relationship. After our client moved out of the deceased’s home, he continued to regularly call and visit his stepmother, assisting her around the home and with any additional care that she needed. He viewed and treated the deceased as if she were his biological mother. This was unfortunately not reflected in the benefit left to him under her Will.


In her last Will and testament, the deceased left a legacy to our client of just $20,000. Her estate, worth approximately $1.7m. was left to her nephew who had also provided her with assistance during her lifetime.

Our Approach
Our client contacted Gerard Malouf and Partners to ascertain his rights in contesting the Will. Our experienced and caring Will dispute lawyer, Richele Nelsen, remained sensitive to the fact that our client was grieving the loss of a family member while guiding him through the Will dispute process. In substantiating our client’s claim for family provision, Richele spent many hours with our client, drafting affidavits detailing the ins and outs of his close and loving relationship with the deceased. The $20,000 our client had been left under the Will did not discharge the deceased’s moral duty of providing for her stepson. Our client was reliant on the aged pension, whilst still attempting to pay off the substantial mortgage on his home. He had underlying health conditions of which he could not afford to have remedied and was struggling financially. Confident in our client’s claim, we invited the estate to a mediation in order to see if the parties could come to an agreement on the resolution of our client’s claim. During negotiations, we were able to resolve the matter for the sum of $350,000. This allowed him to pay off his mortgage and continue in his retirement, confident in the fact that he was now financially secure. Have you been left out of a Will or do you believe the amount you have been left is inadequate? Call Gerard Malouf & Partners today for a free consultation on your legal rights to contest a Will.
The Result

During Negotiation, we agreed to resolve the matter for 
the sum of $350,000.

Richele Nelsen

Partner
My compensation fight was a long one, and the solicitor for the insurance company was a total nightmare to deal with. Richele, my solicitor, was totally my rock through the whole process. Richele, kept me highly informed through the whole process that dragged on for years, and fought for me the whole time to get me such a great outcome, that I am so grateful for. A big thank you to Richele, for all her hard work on my settlement and a big thank you to her assistant Tiffany, who always went the extra mile to help me, and answer my enquiries when Richele was not there. Thank you to everyone at Gerard Malouf for their excellent work.
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Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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