https://www.deceasedestatelawyersperthwa.com.au/
When a loved one passes away, it is hard enough to cope with the emotional impact of their loss without facing the prospect of a dispute over their will. Unfortunately, it is will dispute lawyers in Perth who are generally sought when family or others feel they have been wronged, or question the credibility of a will. These disputes are long-drawn-out and emotionally draining, frequently ruining relationships within a family.
Whether you’re an executor facing resistance or a beneficiary who is not satisfied with the will, an adequate understanding of the reasons for will disputes and how they can be settled is essential. This blog analyses the most common reasons and presents useful tips for resolving them efficiently.
A wide range of situations can cause disputes over wills, and being aware of the underlying causes can enable people to take preventive action when making or amending a will. Some of the most prevalent causes are:
An individual has to be of sound mind when making a will. In case someone sues on the grounds that the testator (the individual who made the will) did not have the mental capacity to know their decisions, it can result in a legal conflict. This comes up usually when people make wills late in life or after developing dementia or other cognitive disabilities.
Undue influence is when someone pressures a person who has died to change their will. It’s hard to prove, but it’s a good reason to question a will. This is especially true if the will suddenly favours one person a lot more than others.
In Western Australia, some individuals, like spouses, de facto partners, children, and other dependents, are entitled to claim more of the estate if they feel that the provision for them is inadequate. The deceased estate lawyers in Perth, WA usually deal with such matters under the Family Provision Act.
A will also has to fulfil certain legal requirements for it to be deemed valid. A will that is unclear or not witnessed correctly can be challenged. This is where the service of will dispute lawyers in Perth plays a crucial role in interpreting and authenticating testamentary documents.
If a near relative is completely left out, it may cause controversy. The exclusion can either be regarded as deliberate or unintentional, subjecting it to court examination and potential adjustment of the division of the estate.
Upon dispute, there are a few options for resolution. Consulting will dispute solicitors in Perth at an early stage can assist in establishing the best line of action.
These are the most desired approaches to dispute resolution that avoid the court. Mediation is through a third-party neutral who guides the discussion to help the parties agree on a mutually acceptable solution. It is low-cost, confidential, and less confrontational.
If negotiation does not work, the issue can be taken to the Supreme Court of Western Australia. This is usually the last option, as litigation can be costly, time-consuming, and emotionally draining. But estate lawyers Perth can offer good representation to make sure that justice is served fairly.
Less frequently used but occasionally utilised, arbitration is an exclusive and legally enforceable proceeding where an arbitrator resolves the dispute. It presents a compromise between mediation and litigation.
Perth will dispute lawyers have a central role to play when challenging or defending wills. They offer services that include:
All these legal experts also help in collecting evidence, such as medical reports, financial statements, and testimonies of witnesses, to defend their client’s claim.
Timing is everything in will disputes. In Western Australia, a family provision claim needs to be presented usually within six months of the grant of probate. Delay can risk losing your legal entitlements. Seeking the services of a will dispute lawyer in Perth early means all steps in the procedure are made within the specified time limits.
Will disputes are emotionally taxing and legally technical, but not unusual. Knowing the causes behind and learning how to avoid and settle them is crucial for both beneficiaries and testators. Whether you are in a dispute case or wish to prevent one in the future, consulting a professional dispute solicitor in Perth is the best solution to safeguard your rights and get a justifiable result.
From writing clear wills to advocating on behalf of clients in court, deceased estate lawyers Perth WA and estate lawyers provide invaluable support at every stage of the process.
By being transparent about estate planning, lawyer guidance, and planning, families are in a better position to deal with these challenging affairs.