We settled a matter involving a deceased estate.
My client’s father passed away, leaving a Will.
He left a sum of money to each of my client’s children and half the balance to my client’s sister, the executor.
The rest was to be held on trust by the Public Trustee with the income from the trust fund being paid to my client for the rest of his life, and then the capital would be distributed to the sister, or to her children, if she predeceased my client.
The Public Trustee refused to take on the role, my client is impecunious and possibly drug addicted and the estate is not large. My client had a family provision claim which would have succeeded.
Sensibly, the parties agreed to get rid of the trust and give the money to my client outright. We could have sought more on the basis that he needed the money more than his sister, but the father had had to take out violence restraining orders against my client in the past, the case would have been messy, and if he did not get anything extra, a lot of money would have been wasted on legal fees.
A bird in the hand in this case was well and truly worth more than two in the bush.
For resolving disputes over deceased estates , see Michael Paterson & Associates.