The names have been changed for privacy reasons.
Anne lived in rented accommodation in a rural town in Western New South Wales. Her mother lived in Melbourne, and for this reason it was possible for Anne and her mother to meet only several times per year. Despite this, Anne would ring her mother on a daily basis and would arrange for her to stay regularly with her until she became too ill to do so.
Anne’s brother and sister in law were able to visit more regularly, living nearby. Upon her mother’s death, Anne was shocked to learn that she had only been left 20% of her mother’s Estate, with the balance 80% being left to her brother, who was in a much better financial position.
The dispute settled at Mediation, and Anne was delighted to receive two thirds of her Mother’s Estate.
Marlene was the domestic partner of Malcolm and had been in a somewhat unusual relationship with him for 15 years. Each was not financially dependent upon the other, and also maintained a separate household.
Of crucial importance in this relationship was the fact that it was evident that their relationship, which only ended with Malcolm’s death, was fully one of love for each other, which was clear from the fact that they shared each other’s company on a daily basis for many years. For reasons only known to Malcolm, his Will made no provision for Marlene, and she contested the Will.
The result was that Marlene received 50% of Malcolm’s Estate, with the fairly simple test being that a wise and just Will maker would have considered it his moral duty to provide for Marlene.
I’d like to thank the team at Hentys Lawyers for all the work they have done for mum, my sister and I over the last 12-18 months. While it was a long time coming with a lot of doubts along the way, it shows that with patience (and a good legal team) every dog does indeed have their day.Bevan
John, Mary and Donald were the 3 children of Peter. The family had been a close one for 35 years until Peter remarried. Following the marriage, Peter’s attitude to John and Mary deteriorated significantly due to a breakdown in their relationship with Peter’s new wife.
Gradually, the relationship became so strained that John and Mary lost all contact with their father until shortly before his death. The Will made no provision for John and Mary, and left 80% of the Estate to Donald, and 10% to each of John and Mary’s grandchildren. No specific provision was made for John and Mary, who contested the Will.
Each of the three children John, Mary and Donald, were in similar financial circumstances, and at Mediation the dispute was resolved with each of the 3 siblings receiving an equal share of the Estate.
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