While the majority of people understand what a will dispute is, some would be surprised by just how often the situation arises. It might be a child or distant relative who feels they were not fairly represented in a will, and without good legal representation, the person disputing the will might not receive a favourable outcome. There are specialist law firms in Australia, and they can easily be reached with an online search, and after an initial consultation, the lawyer would be able to tell you where you stand in terms of disputing the will, and this would be a free initial assessment.
Unfair Asset Distribution
In the event a deceased person had a large estate, they may have bequeathed various assets to specific people, and it is not unusual for a family member to feel they are entitled to more than the will stipulates, which might be for any number of reasons. Will disputes are wide ranging, a young person, for example, might be concerned about further education costs and feels that this was not taken into consideration, and with the right law firm to help put together a strong case, they are maximising their chances of a favourable outcome.
There are times when a recipient is unhappy with the way the estate is being administered by the executor, and in such a situation, that person can seek legal counsel and challenge the will. The Australian legal system is one that protects its citizens in many ways, and should there be grounds, it is possible to successfully dispute a will. The Executor is a person appointed by the deceased to administer their estate in the event of their passing, and if, for any reason a family member feels the estate is not being administered according to the written instructions, they are able to dispute the executor’s decision, and should you wish to do that, it is advisable to have the best legal representation, to maximise your chances of success.
If a will is poorly written, there could be some interpretation and in some cases, this might make a person feel they have not been treated fairly in the asset distribution. It might be a plot of land, or a vintage car that is in dispute, and if a person can demonstrate practical evidence, they have a chance to overturn the executor, at least regarding that particular asset.
Doubting Mental Capacity
People change their will several times as they age, and it might be that a person feels the will was amended at a time when the deceased person’s full faculties were not present, and in such a case, you would need a skilled lawyer to put together a strong case, which would more than likely lead to an amendment in your favour.
Will disputes are very often successful, and any experienced probate lawyer would look at the evidence and give you their considered opinion, and they wouldn’t charge for that service, and with an online search, you can soon be talking to an expert.