Coutts Successful Family Provision Claim

Shannan’s client was a single father who’s adopted Mother had recently passed. The deceased’s prior Will made in 2018, named our client as a beneficiary to receive 50% of her estate. However, a new Will created in 2023 disentitled our client as a beneficiary all together and gave 100% of her estate to her biological son.

Shannan’s client was unable to afford the cost of living in Sydney, and as a result was forced to move to a rural area. His only source of income was a disability support pension from Centrelink. Our client was suffering with significant mental and physical health issues as well as being a single parent to his young daughter diagnosed with Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD). Our client instructed that without provision from the deceased’s estate he would not be able to adequately provide for himself and his future needs.

Shannan commenced negotiations with the executor of the estate to propose that the rest and residue be split 50/50 between our client and the deceased’s biological son meaning that our client would receive the share he was initially promised in the deceased’s original Will. This offer was subsequently accepted by the other side, a Deed of Family Arrangement was signed, and our client received his 50% of the residual estate. This successful negotiation saved our client a significant amount of time and fees than if he would have had to commence a Family Provision Claim in the Supreme Court. With the extra money, our client can afford the required renovations to his small rural property and prioritise his health and imminent surgical needs.

Contact us about Family Provisions Claims.