Contested will cases where Kim Morrissey, Barrister, has appeared in court
Kim Morrissey is a highly experienced will dispute and family provision barrister with over 30 years experience in litigation. He has the expertise and knowledge in wills and estates law to assist you in bringing or defending your claim in court.
Making a claim for provision from a deceased estate:
Claim by wife: After a happy marriage of five years in circumstances where my client cared for the deceased as his health deteriorated, enabling him to stay at home, she only received $10,000 under the will. The estate was divided between 2 adult children of a former marriage who were comfortable. After mediation my client received a settlement which was sufficient to enable her to move on in life.
Claim by de facto wife: My client was a 67 year old lady who was in a de facto relationship with the deceased for 16 years. Under the will the whole of the estate was left to adult children of the deceased's first marriage who were comfortably off. The case resolved at Court on the day of the hearing, to the satisfaction of my client who received sufficient to enable her to start a new life.
Missing will: At the time of the deceased's death, a will could not be found, so his widow received the whole of the very substantial estate. Several years later a will was discovered in which my clients, the deceased's parents and siblings (who live in Queensland), received most of the estate. The claim was settled after mediation, on very favourable terms for my clients. (See satisfied client statement)
Claim by adult son: The deceased, my client's mother, left a former daughter-in-law, 75% of the substantial estate and only 25% to my client. He had a very good relationship with his mother, and was unemployed with serious health problems, and lived in the U.S.A. After mediation his share of the estate was substantially increased, and he has commenced a new life in Australia.
Executor refused to comply with the will: My client was left a share of her parents' estate under the will, but her brother who was the executor, refused to pay her. After a hearing in the Supreme Court, the brother was ordered to make payment in accordance with the will, and to pay my client's legal costs.
Claim by adopted son: My client was adopted by his mother, the deceased, at age 2 and was raised by her, eventually leaving the family home at age 34. Although she had a good relationship with my client, she left her estate to her daughter, who was in a good financial position anyway. The claim was settled after mediation and my client received closure, and a substantial sum to assist in raising his own family.
Claim by only child unaware of father's death: My client's father separated from her mother when she was in primary school, and he did not support her. Although he had some contact with her after she became an adult, and was aware of her difficult financial circumstances, he gave the whole of his estate to his own sister, who was employed as a teacher, with superannuation entitlements. Although she was informed of her father' death, she was unaware that she was entitled to make a claim on his estate until several years later. She was living in Victoria in difficult financial circumstances and had health problems. Her claim was settled after proceedings were commenced and she is now making a new life in another part of Australia.
Claim by daughter unaware of mother's death: My client lived in Tasmania and was unaware that her mother who lived in NSW had died until she received no reply from a Mother's Day card she sent her mother. Under the will, the whole of the very valuable estate was left to the de facto partner of her mother. My client was very pleased with the settlement she received after proceedings were commenced in the Supreme Court of NSW.
Claim by adult disabled son: My client was incapable of managing his own affairs and lived with his aged mother in Queensland, Under the will his father left him the right to occupy a small home unit in Sydney, which was of no use to him as he lived in Queensland. The rest of the estate was divided between a former girlfriend, some nieces and others. After proceedings were commenced,, by client received sufficient from the estate to enable him to buy his own property in Queensland.
Claim by dependant grandson: My client's mother died when he was 7. After that he was at least partially dependant upon his grandfather, the deceased, who was his primary carer, until he was 17. The deceased left the whole of his estate to a neighbour. My client received sufficient from the estate to pay a number of debts, and considerably improve his quality of life.
Claim by estranged adult son: My client's parents separated when he was young. Although he continued to see his father, the deceased, thereafter, he had a difficult relationship with him and he could not accept my client's homosexuality. His father left the whole of his very large estate to his other son, who was professionally qualified, and wealthy in his own right. He did not tell my client who lived in Queensland, about his father's death until some years later. After proceedings commended in the Supreme Court of NSW, my client received sufficient to enable him to move to another estate and undertake a university degree.
Claim by a daughter after a falling out with mother: My client's mother left most of her estate to a young unmarried man who was a friend, and only a small share to my client who was in poor financial circumstances and lived in an isolated town, and who had been a loving and dutiful daughter. After a contested hearing in the Supreme Court, my client's share of the estate was increased in the judgment.
Claim by a son who had spent time in prison: My client had had a reasonable relationship with his father, even though he spent time in prison. Under the will his father left the whole of his estate to grandchildren. My client received sufficient from the estate after mediation, to make a fresh start in life.
Claim by 3 adult children: Under the will my clients' father left the whole of his large estate to a girlfriend. The proceedings were settled on the day of the hearing, on terms very satisfactory to my clients, who each have dependant children.
Claim by son of deceased's first marriage: My clients were the deceased's executors and beneficiaries under the will of their father. They did not know of the existence of their half brother (who did not receive anything under the will), until he commenced proceedings in the Supreme Court. The estate was a large one, and they were happy to resolve the claim with their brother on a relatively modest basis, and are hopeful of having an ongoing relationship with him as part of their family.
Claim by person as alleged de facto: My client's adult son died without leaving a will so she received the whole of his estate. A woman who lived in the U.S.A. claimed to be in a de facto relationship with her son at the time of his death. The claim was disputed by my client was content to make a small payment to the claimant in order to achieve finality.
Claim by adult daughter comfortably off: My client received the whole of her mother's estate under the will and she had been on very close terms with her mother and looked after her mother for many years. The claimant received nothing under the will. Although well off and married to a husband with substantial superannuation entitlements, she brought a claim in Court. My client settled the claim at mediation for a modest figure which left her with more than sufficient to buy her own comfortable home.
Handwritten, home made will: My clients were the executors of a formal will prepared by a solicitor, of a well known Australian artist. Before his death, the artist wrote a number of hand made will which he left in his studio. The Supreme Court held that one of the documents was his final will, and not an earlier formal will, prepared by a solicitor