How Can an Expert Lawyer Help You Resolve Inheritance Disputes in Australia?

April 22, 2024    Deceased Estate Lawyers Perth
How Can an Expert Lawyer Help You Resolve Inheritance Disputes in Australia?

Death and finances are two of the most difficult topics, and when combined, they result in distress for anyone for an extended period until resolved. But these conversations are crucial to save you and your family from sudden mishaps and stress.

Death is unpredictable, so before someone passes away, they often decide to create a legal will that dictates how they intend to distribute their assets among their family members when they die. This is called inheritance.

In most cases, the deceased decision in the will is not accepted satisfactorily by the family members due to various issues like ambiguities in the will and unfair distribution, leading to family strains. In this scenario, an expert inheritance dispute lawyer can come to your rescue to help you resolve the problem by maintaining legal standards.

Inheritance Law in Australia

The inheritance law in Australia presides over a combination of statutes and common law principles, which differ from one state or territory to another. In most cases, the procedure commences with the court’s verification and validation of the will, termed as probate. However, disputes arise when the will is not clear, or the deceased family members tend to believe that they have been unfairly treated and seek the assistance of an inheritance dispute solicitor.

Cases where a deceased estate lawyer in Perth provides legal Assistance on Inheritance Disputes?

An inheritance dispute lawyer can aid you by providing legal advice in the following situations:

  • You are unfairly dropped out of the will.
  • When a will doesn’t make sufficient provision for you.
  • There is an inequality in the distribution of the estates.
  • You are the de facto partner, step-parent, or step-child of the deceased and have been left out.
  • You need help to defend a challenge for your part of the inheritance.

Expert Legal Intervention in Inheritance Dispute Cases in Perth

Here’s how an expert lawyer can come to your aid:

1. Legal Assessment of the will:

The first crucial step for a best-deceased estate lawyer in Perth is thoroughly reviewing the will. This Assessment will aid in ensuring that the will abides by the legal norms, mainly proper witnessing and the mental capabilities of the decedent drafting. The best deceased estate lawyers in Perth will also ensure that no undue influence or fraud is imposed while contesting the will.

2. Negotiation and Mediation:

To avoid a critical rise of any disputes, inheritance dispute lawyers often take the initiative towards mediation. During this facilitated negotiation phase, a neutral 3rd party aids in discussing with the disputing parties and tries to bring out a cordial settlement. The best-deceased lawyer in Perth will deliberately try to protect their client’s legal rights while exploring all other channels towards resolutions that can be equitable.

3. Litigation:

In cases where mediation fails, litigation becomes crucial. Here, an inheritance dispute lawyer in Perth brings forward the client’s interest in court with persuasive evidence and legal arguments that support their standpoint. This is the most critical phase, where parties are divided based on the interpretation of the will who were once a family.

4. Implementation of The Court’s Decision:

Abiding by the judiciary’s decision, the judgement must be respected and executed accurately. Here, the inheritance dispute lawyer in Perth plays a significant role in validating that the assets are distributed based on the court’s order, which includes liquidation of properties, distribution of personal items, or management of remaining assets as directed.

Additional Roles of an Inheritance Dispute Lawyer in Perth

Apart from resolving disputes, the best-deceased estate lawyer in Perth will also provide preventive measures to minimise the likelihood of any future conflicts.

  • Inheritance dispute lawyers in Perth craft clear and comprehensive wills to avoid future confusion and conflicts.
  • The best inheritance estate lawyers in Perth will also guide you and advise you on the tax implications of inheritance.
  • An inheritance dispute lawyer will help you structure the estates and minimise potential conflicts.
  • A deceased estate lawyer in Perth will regularly update you regarding revisions of estate plans concerning legal alterations or changes in the client’s circumstances.

Summing Up

The role of an inheritance dispute lawyer is indispensable. These law experts stand for their clients and do their best to honour the decedent’s wishes and ensure that the distribution of the assets strictly abides by legal standards. If you are facing such an inheritance issue, and wish to get the best solution, associating with the top lawyers would be a smart decision.

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