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Farmer Successfully Challenges His Mother’s Will
Thursday, December 17, 2015
Case Reference: P143098
Type of Case: Deceased Estate Litigation – Family Provision Application
The Situation: Our client (we will call him Leon) was disputing his mother’s will after she died in 2014. His father had died in 2005. Leon had always earned a living from farming his parents’ land. He had assisted his family in maintaining their blocks of land for over 30 years. He depended on being able to use all of the family’s land to earn his income. His mother’s will did not provide any land for Leon to use, leaving it instead to Leon’s siblings. This meant that Leon would be deprived of his ability to earn an income. So Leon claimed a greater share of his mother’s estate. Quinn & Scattini represented Leon on a “no win, no fee” basis. Prior to Leon’s claim being heard by the court, the case went to mediation. At the start of the mediation, the executor of the deceased’s will said that they considered that the deceased’s will adequately provided for Leon. But, as is usual in the mediation process, offers were exchanged between the parties throughout the day.
The Result: Leon finally accepted a settlement whereby he will receive assets with a potential value of over $100,000 plus rent-free use of most of the deceased’s land for a period of 10 years. Leon was very happy with that outcome.
If you have not received adequate provision from the will or intestacy of your spouse or parent, contact Quinn & Scattini’s Wills & Estates Team for experienced representation. Approved cases are conducted on a “no win, no fee” basis.
* Names have been changed for confidentiality. However, some cases appear on public records such as court reports on the internet. As every case is different, the cases reported here cannot be taken as an indication of a similar outcome being likely in your case, and these reports are not to be taken as legal advice about your particular situation.