Protecting a Client’s Home in a Family Provision Claim

Coutts Estates Lawyer, Shannan, recently assisted a client who was faced with Supreme Court of New South Wales proceedings arising from a family provision claim against her late husband’s estate.

The primary asset of the estate was the home in which our client and her late husband had lived together for more than 20 years. The estate also included a bank account held in the deceased’s sole name, although our client and her late husband had always treated and used those funds as joint funds during their relationship.

Under her late husband’s Will, our client was entitled to 95% of the estate, with the remaining 5% divided equally between the deceased’s two children from a previous relationship. The children commenced family provision proceedings seeking a greater share of the estate.

As the family home represented the substantial asset of the estate, the claim created significant uncertainty for our client as to whether she would ultimately be able to retain her home.

Our client had limited income, was unable to work and had no alternative accommodation available to her. The property was also the home she had shared with her late husband for more than 20 years and held significant sentimental value to her. Understandably, the prospect that the proceedings could affect her ability to remain in her home caused her considerable stress and uncertainty.

The parties attended a court-annexed mediation in an attempt to resolve the proceedings without the need for a final hearing.

Through the mediation process, an agreement was successfully reached which allowed our client to retain the property unencumbered and have the title transferred into her sole name.

This was an excellent outcome for our client, providing her with the security and certainty of owning her home in her own name and avoiding the significant cost, stress and uncertainty associated with continuing the matter to a final hearing.

Most importantly, our client was extremely relieved that she could remain in the home she had shared with her late husband for more than 20 years. With the proceedings resolved, she can now focus on her health and move forward following what had been a complex and emotional period in her life.

 

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Coutts Lawyers & Conveyancers is a full-service, award-winning law firm dedicated to putting business owners, families, and individuals first. Our focus is on providing quality legal advice for Macarthur and the Illawarra as a trusted partner for businesses, families, and individuals. We bring a no-nonsense approach to the law without the legal jargon.

 

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