Will Dispute laWyers - professional assistance if you Do not Get your riGhtful inheritance
Challenging a will can be a daunting task, which usually happens when you are not considered for your rightful inheritance after the death of a kin. During such times, the best option would be to look for good and experienced will dispute lawyers. When can you contest a will? Many people think that once the will is made, it cannot be changed. However, this is not true. The law recognizes many special situations when the will can be challenged, and it can be rewritten. People who usually have rights to challenge a will are: • • • • • • • •
Deceased’s children Spouse Step children Ex-spouse Adopted children Same-sex partner Grandchildren People who had been wholly or partially dependant on the deceased
Any of these people has the right contest a will, in order to rightfully claim the inheritance of wealth or property. The factors on which a person can contest a will are: • • • • • • •
If he is needy and requires assistance from the deceased person If the will is unethical and not in favor of the person If the share offered to the person as mentioned in the will is inadequate for financial assistance If the relationship with the late person was formed after the will was made If the person proves that the deceased was not mentally fit during the construction of will If the person proves that the will was made forcefully or under some influence If the will is not certain
Role of an executor An executor is the person who is appointed by the person in-charge of writing a will. The executor handles all the formalities of distributing the assets as mentioned in the will. The various other jobs include: • • • •
Collecting assets of the estate Determining the beneficiaries Deciding about the remaining assets Final transfer of assets to the heirs
Role of a probate lawyer Since such legal proceedings involve lot of paper work, it is always better to hire a probate lawyer. A probate lawyer: • • • • •
Helps the executor with legal procedure of contesting a will Informs and communicates with the beneficiaries Notifies the rightful heirs in the absence of a correct will Looks after all taxes and debts so that they are clear Minimizes tax on assets for proper distribution to the beneficiaries
If the beneficiary of the will is dissatisfied with the job of an executor regarding administering of the will, then he or she can always look for other option. The beneficiary can apply in the court and get the executor removed. Lawyers who look after will disputes in Sydney provide quality solutions to their clients with businesses like and practical advice on such cases. They aim to resolve will disputes with minimum possible conflicts. At the same time, they also ensure that the client’s legal rights and interests are defended in all the possible ways.
Published on Oct 17, 2013
In order to achieve success in any kind of case regarding contesting a will, get in touch with the reputed lawyers to know about your rights...