Our client was one of a few adult siblings. Her father was suffering dementia, and other family members sought to take advantage of him by getting him to change his will. Our client was now to receive substantially less from her father’s estate.
We wrote to the solicitors for the executor and put them on notice of our client’s strong family provisions claim, and the facts and circumstances surrounding the alteration of the original will. In NSW the family provisions law requires the parties to try and settle the dispute before the matter progresses through the court process. This gives the parties the opportunity to resolve the matter amicably rather than through a contested and costly trial.
The parties were able to reach an amicable resolution with our client accepting a suitable settlement offer. She was very pleased to have achieved what she believed, her father intended when he was of sound mind.