M’s mother died in 2007 leaving a Will dated six years previously and which left 1/3 of her Estate to each of M, his brother P and sister A. Michael suffered from anxiety and depression and had been unable to maintain regular employment for many years. He rented privately and did not have any savings. He was in receipt of Disability benefits. After a short meeting to obtain the details, we recommended M contest his mother’s Will. Apart from issues that proper and adequate provision (as required under the NSW law when challenging a Will) was not made for M (his financial position
K and G’s mother, J died leaving her entire Estate to her second husband, K. K and G are both adult women. K was married. Neither owned their own home and both were in financial difficulty. K’s husband suffered a severe illness and was unable to work. K and G sought our advice to contest the Will. K asserted that there was nothing in J’s Estate other than clothing and a small bank account. However, J’s superannuation was worth over $1m and K wanted it all. We advised K and G to challenge the will. When we investigated the Superannuation Deed and made inquiries as to its provisions, K had to concede that J’s $1 million did form part of her Estate and soon after came to the bargaining table wishing to settle the disputed will claim to avoid further legal costs. Within six months of seeking our assistance K and G (after coming to us after a bad experience with a larger Sydney firm) each both received over $230,000 from their late mother’s Estate without going to court to contest the will.
C, a resident of New Zealand was her father’s only child. Her parents separated when she was very young but C maintained a relationship with her
E, a Vietnamese national married C and came to live with him in Australia. After an abusive alcohol influenced marriage, E left Charles taking with her their 3 young children. C died soon after, leaving his entire Estate to his brother and sister but nothing for E and his three young children. We advised E to challenge the
P came to us wanting to contest the Will of his late mother-in-law S on behalf of his two young children A and J. R was the only child of S who had died tragically when A and J were very young. P had struggled to raise them since. S died in July 2012 leaving a Will made in 1989 in
G came to see us in late 2013 wishing to contest his late father’s Will. G’s father had died recently aged 86 years with six adult children. G was the youngest. The Estate was estimated at over $1 million. G’s father left each of his six children an equal share. G wished to dispute his father’s Will primarily in the basis that his family’s financial situation had suffered as he had remained in Sydney to care of his late father and his brothers’ and sisters’ financial position was far better than his. The claim was settled case in May 2015 and G’s family was able to move to Queensland with the settlement money to start a new life.
H was an intellectually disabled adult child aged 32 years when his sister came to us seeking to contest the Will of their late father W. Henry had never been able to work and had no assets or liabilities. He had no income and he was totally reliant on his mother for support who was then 72 years of age and with an only income of her age pension. William had been in a longstanding de facto relationship with H’s mother but they had never married. H’s parents separated in 1991 and W made no further contact nor offered to assist H’s mother raise the children. H’s sister investigated and found out in 2006 that their father had died in 2001 (over 5 years previously and outside the time limit to challenge the will) leaving his entire estate to his sister. Even though the disputed will claim was made out of the
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