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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 Compensation Lawyer

Richele Nelsen

Partner
The will to win, the desire to succeed, the urge to reach your full potential… these are the keys that will unlock the door to personal excellence – Confucius
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