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Contesting a Will
Storyboard Tekst
- 1. ABC Solicitors - 12 April 2017
- 3. Response - Estate Solicitor 17 April 2017
- ABC Solicitors
- Estate solicitor confirms the following:- Provided undertaking not to distribute estate. A Statutory Declaration made by the deceased accompanies the Will confirming that our client has had numerous amounts of money over the years from him (including proceeds from his property) and he does not make a provision for her. The estate is worth an estimated $100,000.00. Estate left to 4 people equally, one is a niece and two provided housing and care for our clients father for a number of years and a carer who provided care through his illness over the last two years. None of the beneficiaries are well off and have debts. Confirms the executor and beneficiaries agree to split the estate equally five ways to avoid Court proceedings and associated costs.
- Client : I would like to contest my dad's will he passed away recently and has left me out of his Will. I believe as his only child and am in debt I am entitled to the whole estate. Solicitor: There may be some grounds to contest given you are a direct descendant. Please provide some details of the situation? Client: I have not seen my father for 15 years. He came to live with my family after my mother passed away. He sold their house and we bought a bigger house. It did not work out and he left and moved back to the Gold Coast. They better not give the money out .
- 2. ABC Solicitors - 12 April 2017
- 4. Provide update to client 17 April 2017
- No I think I am entiltled to the whole estate and want to take the matter to Court
- Solicitor: We suggest writing to the solicitor acting for the estate and confirming that we intend making a claim on the estate and requesting they providing an undertaking not to distribute the estate until the matter has been finalised. We would suggest negotiating a share in the estate as your position is not strong. please see our cost disclosure for fees to be charged. Client: I want the full estate and want you to get it. I agree to fees. Solicitor: we will write to the estate's solicitor and contact you when we are in receipt of a response.
- Good afternoon, I confirm we have received a response
- 5. Conference - Barristers Chambers 18 April 2017
- Barrister: After reading the brief and considering relevant case law and legislation I advise that a Court action has little chance of success, you are unlikely to obtain the full estate and I would consider the legal costs of the estate would take a huge chunk and reduce the estate worth. It is my advice you should try to negotiate a settlement with the executor. Client: I do not accept that, I am entitled to it all. I am his daughter and need the funds. Solicitor: We advise that a Court proceeding could cause you further debt, which may never be recovered by you and would take a considerable time.
- 6. Conference - Barristers Chambers 18 April 2017
- Yes that is fine please arrange a conference
- Solicitor provides full details update.
- I would suggest we obtain Counsels advice in relation to your prospect of success?
- Client: I do not accept your advice, I do not believe that is the true. I will go and find another solicitor who will take the matter to Court. Solicitor: If you could just wait we are trying to give the options and obtain the best outcome for you. Client: I am over it and leaving now
- 7. Telephone Call - To Client 18 April 2017
- We may be unable to further represent you if you consider our advice to be incorrect.
- I understand your position I will consider the advice provided and get back to you. I am sorry that I blew up I am very stressed.
- 8. Conference Room - 24 April 2017
- Client attends with barrister and instructing solicitor to confirm she would like to retain the legal services and continue to negotiation.
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