A client approached Gerard Malouf & Partners after finding out he had been left out of his partner’s Will. The Will was changed the day before she passed away while she was in the hospital and left everything to her two children and nothing to our client.
Our client spoke with a senior solicitor and was advised that he was eligible to bring a family provision claim. After establishing eligibility, the Court will consider the relationship with the deceased, his financial circumstances, and any contributions that the client made to the deceased Estate.
Our client had lived with the deceased as a de facto partner for some 10 years and contributed to the home by paying rates and assisting in making renovations.
GMP prepared a Summons which was filed in the Supreme Court of New South Wales with an extensive affidavit from the client setting out his claim on the Estate, relationship with the deceased, financial circumstances and contributions to the Estate.
There was a Mediation shortly after and through skillful negotiation, Gerard Malouf and Partners were able to achieve a successful outcome for the client. It was agreed that the client would receive a third share of the Estate.
Call Gerard Malouf and Partners to receive free advice from a solicitor about contesting a Will and to put you on the path to success.