
Paul
had two adult children from his first marriage. He had been married
to his second wife, Genevieve, when he died aged 47. There were
no other children.
Paul
had promised Genevieve she would receive their valuable family
home should he die. The balance of his assets were to go to his
children. Genevieve was forced to commence a challenge against
Paul’s estate. Sure, she had received the home. However,
she had no money to maintain it. She desperately wanted to continue
living in the house. This is what had been agreed.
She
needed money to produce an income and to meet maintenance costs
etc. Paul’s only other asset of any significance was a waterfront
property on the coast left to him by his father. Paul was adamant
this property stay in his family.
In
the end Genevieve succeeded. The Court accepted her argument. The
waterfront property had to be sold.
This
outcome was as predictable as it was avoidable.

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