Case Study - Wills Disputes - Challenging a Will

Situation:

A middle aged woman sought advice in relation to her late father's estate. Her father had been a very difficult man during his lifetime and as a result, there had been a period of estrangement between the client and her father of more than 20 years.

At this death, his Will made no provision for his daughter. She wanted to know what she could do to change the situation.

Response:

Moores Legal advised her that her best course of action was to challenge her late father's Will on the ground that her father's Will failed to discharge his responsibility to make provision for her maintenance and support.

Proceedings were issued in the County Court claiming a portion of the estate.

Outcome:

The client's claim was settled at a Court ordered mediation. She received more than 40% of the net value of the estate.

Interesting fact - most Will challenges are settled at mediation and never proceed to a final hearing before a judge.