Have you been thinking about engaging will dispute lawyers over a recent testament left by your family member or someone you cared about?
Will disputes are as old as time itself but are far more complicated by the modern judicial process.
The whole process can be overwhelming for someone not familiar with practicing this specialised area of law.
But don’t let that deter you.
Have a read of this explanation of some of the basic principles of these disagreements.
What is a will?
This terms refers to a legal document that sets out how a person’s assets are to be divided upon their death.
Who is considered an eligible person to contest this document?
The matrix of the modern family is constantly changing and has undergone many transformations across the past decade alone.
Disagreements over final wishes are not just limited to family members but can include anyone who has shown a need for financial dependance on this person in the past. This can include people in de-facto relationships of all sexes and denominations.
Speak to your will dispute lawyer for the best advice on whether you are an eligible person before proceeding with any action.
How long has an eligible person got to make a claim?
There is a twelve month time limit for lodging a claim meaning you have plenty of time to consider your options and engage a will dispute lawyer.
Reasons why someone can be left out of this final testament
There are many reasons why people get left out of this document and it is becoming more prevalent in our complex modern society.
Instances where parents remarry and begin a new family are a common example of where an older child may be left out of a final testament.
Another common example is when an elderly person has made this document whilst suffering from an age related cognitive impairment and has not been of sound mind.
Cases of discrimination on the grounds of sexual orientation or choice of religion are also prevalent occurrences and grounds to make a claim against a final testament.
These are just some of the myriads of reasons why you can contest this document and should seek the advice of a will dispute lawyer.
What are the steps to making a claim?
Start with an initial free consultation with a firm specialising in this area. Here you can obtain a cost estimate and once you agree to proceed your will dispute lawyers can start preparing your claim. As soon as this is lodged, your legal professional can start to negotiate an outcome for your claim.
Do I have to go to court?
Most legal disagreements are resolved quickly and without having to go to court. However, some cases might have to proceed to court. For this reason, it is wise to engage an experienced will dispute lawyer who can guide you through the process.
These types of disagreements almost exclusively occur at times when you are experiencing great grief and a sense of loss.
An experienced will dispute lawyer should be able to minimize the effects of your suffering and achieve a workable outcome for all parties with the least amount of undue stress.
The template of the modern family in this country now has more non-traditional models than ever before making just the process of writing a final testament complicated. For this reason, it is easy to see how people can be genuinely overlooked when assets are divided up. Make sure you don’t miss out on your share of rightful entitlements and engage a leading will dispute lawyer today.