Case Study: Securing Fair Inheritance in a Contested Will
When a step-child was unfairly left out of their parent’s Will, Windsor Law proved dependency and negotiated a just settlement — without the need for court.
Our client, a step-child of the deceased, discovered they were excluded from the Will. Despite having lived with and cared for the deceased during their later years, the executor refused to provide any inheritance. The client was left distressed and uncertain of their rights under the law.
How Windsor Law Helped
We reviewed the Will, financial records and family relationships to establish clear dependency. Under the Succession Act 2006 (NSW), we demonstrated that the client had been substantially supported by the deceased.
Our team prepared a detailed family provision claim and opened negotiation with the executor’s solicitors. Rather than escalate to costly litigation, we guided both sides into mediation.
The Outcome
A settlement was reached that recognised our client’s contribution and financial need, securing a substantial share of the estate and payment of legal costs. The matter resolved within six months — avoiding court entirely and preserving family relationships.
Insight
Inheritance disputes can often be resolved through mediation when handled by experienced estate lawyers. Acting quickly and presenting strong evidence of dependency is crucial.
The court or settlement agreement may order that costs be paid from the estate; we discuss all cost options upfront.
Need to Contest a Will? We’re Here to Help
If you’ve been unfairly left out of a Will or believe an estate has been mishandled, Windsor Law can advise you of your rights and help you reach a fair resolution — often without going to court.
