Case Examples

A Grateful Daughter

‘I was left out of my father’s Will and my half-sister was left my father’s whole Estate. I lived in rented accommodation and needed the security of my own home.

Linda Emery is an experienced estate solicitor who acted for me and I was able to obtain a good settlement, which enabled me to buy a residence and provide security for my future.

Instructing Linda Emery & Associates at an early date after my father’s death enabled me to negotiate a good settlement.’

Defending a Claim on an Estate 

I was the major beneficiary named in the Will of an extended family member.

The deceased’s daughter was left only a small bequest in the deceased’s last Will. She contested the Will for a greater provision. The deceased had appointed Linda Emery & Associates as the Executor and Trustee.

Linda Emery defended the daughter’s claim. It was a small Estate. Linda Emery negotiated a settlement at mediation to minimise the costs being paid out of the Estate and maximise what I would receive.

I was extremely happy with the outcome.

Defending a Claim on the Estate made by Children of the Deceased 

My father was the major beneficiary in his mother’s Will, including leaving adjoining properties to my father.

A claim was made by two (2) children of the deceased as they claimed insufficient provision had been made for them.

My father lived in one of the adjoining properties next door to his late mother and had provided day to day care and supervision for his mother. Whereas, his siblings had little contact with their mother. For these reasons, greater provision was made for my father.

Linda Emery was the Executor, Trustee and Solicitor acting in defending the claim made by the two (2) children.

A very good outcome was achieved at mediation which meant legal costs were reduced. Legal costs of all parties are usually paid out of the Estate so settling without going to a four (4) day hearing meant a huge saving on costs which was a win for all parties involved.

Having an Executor Removed

I was a joint executor with my brother in my mother’s last Will.

We obtained a Grant of Probate and some of the Estate was administered.

Then my brother disappeared and refused to finalise the Estate and sell the property. I wanted to move on with my life and receive my half share of the Estate.

Linda Emery is an experienced lawyer in Estate work. She prepared the relevant application and affidavit to the Supreme Court and was successful to have my brother removed as Executor and Trustee.

The property was sold for a record amount and I could then receive my fifty (50) per cent share of the Estate.

It was a great as a result of thanks to Linda Emery & Associates expert advice, prompt and effective service and attention to detail.

Rectify a Will 

My client was the daughter, Executor and beneficiary in the Will which had been prepared by the Deceased with a Will Kit.

The Will had been incorrectly witnessed by the daughter, which made the bequest to her invalid.

Linda Emery & Associates ensured the Will was rectified by an application to the Supreme Court and resulted in the daughter receiving the bequest. It was a great outcome.

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My client was the widow and Executor named in a Will prepared by the deceased’s Husband.

The Will had many inconsistencies that caused problems in determining the beneficiaries.

Linda Emery & Associates advised how best to proceed to correct the inconsistencies in the Will by seeking Orders from the Supreme Court to rectify the Will.