Case Study – Challenges to a will

Lawyer:

Background:

Separated for 11 years but not divorced

The Story:

Our client, the Wife of the deceased, and her Husband had separated 11 years prior, but they had not formally separated their assets, nor had they divorced.  The Wife had remained in the family home and the Husband had remained in their investment property.  Each of the assets was owned jointly, so the Wife was set to inherit the investment property upon the Husband’s death.  The Husband and Wife were not amicable and hadn’t spoken for at least 5 years. 

Just before the Husband’s death, one of their 2 daughters had asked the Wife to sign a transfer of land transferring the Husband’s share of the investment properties back to him before his death.  The daughter claimed it was something that he needed her to sign to refinance his car loan with the bank.  The Wife signed the document, not knowing it was a transfer of the investment property, as she was illiterate. 

We sought to have the transfer set aside if the daughters would not provide the Wife with a reasonable settlement in exchange for the interest, she would have received in the investment property had the Husband and Wife formalized their separation.


The Solution:

We invited the daughters to mediation, but they refused to make a reasonable offer until we issued Court proceedings.

We prepared court documents establishing the daughter’s actions and seeking to have the transfer set aside on the basis of fraud, which would result in the wife receiving 100% of the Husband’s farm asset in addition to retaining her own home.

After the Court documents were filed, the daughters changed their mind about the offer on the strength of the evidence against them and made our client an offer to pay her a sum equal to 1/3 of the value of the assets which remained in the Husband’s estate.  

Our client happily accepted the offer on the basis that it was a similar result to the one she would have had, had the parties formally separated their assets 11 years prior.

Can I afford it?

We appreciate that Wills & Probate cases can take a while to resolve. The costs can escalate unexpectedly, which is why at the commencement of a case, we provide you with the likely estimate of costs and guide you on your best way of minimising these costs.

FIND OUT MORE

Read about our client’s experiences.

We focus on working together with our clients, so that the result is one we are both happy with.

Andy Z
Andy Z
2022-03-08
hqman74
hqman74
2022-02-11
Great lawyers, highly recommended
Vjollca Dervishi
Vjollca Dervishi
2021-12-13
When I first visited Aberdeen Lawyers I was scared and emotional, as soon as I met with Suzanne all my fears went away, she has this kind of magic to her that I can not explain. I can not whole heartdly recommend Suzanne at Aberdeen Lawyers enough! Suzanne made me feel like I was speaking to a good friend she made me feel welcomed and justified all my feelings, I was with Suzanne in my matter for a year and honestly she has become like family now. At every point in my case Suzanne walked me through it she made me laugh when I wanted to just cry. I have not met a most caring lawyer in my life and I've been through quite a few. I owe Suzanne my life. Thank you Aberdeen Lawyers- special mention to AnnMarie who went above and beyond for me also!
Paul Kelly
Paul Kelly
2021-11-23
Easy relationship with our conveyancers as we were first time property sellers. All calls were returned in a timely manner, and settlement was made easy for us!
Sally Mannix
Sally Mannix
2021-11-14
I first went to see Suzanne more than 3 years ago for what should have been a straight forward property settlement. I had no idea at that time just how complicated things were going to get. While I was having a lot of emotional breakdowns, Suzanne always remained calm and dealt with each new issue as they came up. While Suzanne was always professional, she was also very caring and empathetic at the same time. Her “can do” attitude and determination to do her absolute best for her client really stood out from that very first appointment. Suzanne and Vittoria were always available for a “calming” chat and, I can tell you, I needed plenty of them. Andre was very helpful and professional in dealing with another part of my property settlement, also having to deal with issues but able to get things done. I know that the reason I still have my home (with no more fear of ever losing it) is 100% due to Suzanne and her wonderful team. A big heartfelt thank you to you all, you are amazing! I would recommend Aberdeen lawyers to anyone, and I have!!!
Collette Marshall
Collette Marshall
2021-10-08
I Consulted with Emmanuel Kefalas for my Divorce & Property Settlement. Kind, Considerate & Knowledgeable with Family Law matters. Emmanuel has a soft tone and was compassionate which made a big difference to my mental state at the time. I appreciated that he wrapped up the settlement as soon the opportunity emerged, no delays ! Thank you. I highly recommend a consultation with Aberdeen Lawyers
Jayne Cassar
Jayne Cassar
2021-09-21
Suzanne and the team at Aberdeen Lawyers were supportive, professional, reassuring and compassionate throughout my recent emotionally stressful case. I was guided through every step of the legal process. They were by my side the whole way through. I highly recommend Aberdeen Lawyers. Thankyou Suzanne for your guidance and support.
Rebecca Shill
Rebecca Shill
2021-09-17
Thank you to Suzanne and AnnMarie from Aberdeen Lawyers for all their hard work on my Family Court Matter. You were very professional and knowledgeable when it come to Family Law. I appreciate all the support you have given myself.
walter fiedler
walter fiedler
2021-08-19
I highly recommend Aberdeen Lawyers, as they helped me settle a long and ongoing property dispute with a very good outcome in my favour and I could not be happier. Big thanks to Val and Suzanne
Vasanthi Christina Jayasingh Lazarus
Vasanthi Christina Jayasingh Lazarus
2021-08-14
I went through a very difficult (to say the least) and traumatic children custody court case for 2 years. Emmanuel from Aberdeen lawyers was referred by one of my friend, who was going through his own case at the time. He too had only great things to testify about this law firm. Right from the time I made an appointment for the initial consultation, starting from Vittoria, in the reception, everyone in the law firm were very warm and empathetic. Emmanuel is a very genuine lawyer, who listens and wants the best outcome for his clients. He makes time whenever needed and is always available to discuss any aspect of the case, however small it maybe. He is always reachable and returns calls and emails promptly. The one thing that really stood out for me about him was that he never once during the whole process made any claims or promises to just make it look good or easy. I’m really grateful to him for getting us across the line with a positive outcome. He took me through every step of the process patiently and provided the much needed moral support I needed to get out of the traumatic experience. I would highly recommend Emmanuel and Aberdeen lawyers for their professionalism!!!

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