When Is A Wills Dispute Solicitor Necessary/Required?

The passing away of a beloved family member can be hard. It can even be harder if you have been left out of the will altogether or you have not received what you had expected. If such situations arise where you need to contest a will, let us comfort you by saying that such cases resolve quickly if you take the assistance of will dispute lawyers in Perth.

In this blog, we have put together a comprehensive guide to contesting a will and when it is important to bring in a lawyer. To learn more about such complex legal situations, let’s continue reading and find out what you can do about them.

What does contesting a will mean?

When a valued family member is unfairly left out of the deceased will, they can contest for a will. This is a process of legally raising a formal objection where a person disputes the validity of the will and petitions the court to invalidate it.

The person who is contesting the will is called the objector, and they must have an interest in the will and evidence to support their claim. The court focuses on whether the descendant makes the will without interpreting its meaning.

When do you need a lawyer to contest will?

Australia has specific laws that an objector has to deal with while dealing with wills. A person can contest a will if they are faced with a document that:

• Excludes the person completely or leaves them with inadequate provision.
• If the will was made while the creator was under the influence of some substance or person.
• If the will is vague
• The will can be contested if the objector believes that this is not the final will.
• If the document has been tampered with
• It can also be contested if the document was not written by someone who was mentally stable while drafting it.

If you are facing sensitive issues with the beneficiaries of the will, then it is important to contact wills and estates lawyers in Perth. Not only will they review and explain the document, but they will also offer advice on legal measures to settle the disagreement.

Importance of wills dispute solicitor in contesting wills

The specialists who deal with these wills are called probate lawyers. Let’s look at the roles of these experts in contesting a will:

• Legal advice

They are well versed with the current and relevant laws in Australia. With authentic counseling, they make their clients aware of their rights and duties. Such knowledge is necessary to navigate the legal environment smoothly.

• Evaluating the case

These experts are highly skilled in examining the case thoroughly. They study the facts and assess the case’s strengths to provide valuable insights. These assessments increase the chance of success. Therefore, this primary evaluation forms a basis for clients to make an informed decision on whether they want to pursue the objection.

• Mediation

These solicitors are experts in mediation. As the first line of defence, they seek to resolve matters peacefully rather than instigating litigations. With their skills, they will try to obtain a fair and mutual agreement so you do not have to go to court.

• Representing you in court

If a settlement is not reached, the probate lawyers will represent you in court. They will challenge the court-ordered will in Perth. These experts prepare and deliver exhaustive legal arguments, interrogate witnesses, and negotiate on your behalf in court. All these actions ensure that your interests are met and the judge rules in your favor.

• Challenging the authenticity of the will

The lawyers can contest the will on various grounds like fraud, undue influence of a person, incorrect representation, etc. They focus on gathering proof to validate their claims and convince the court that the bill is invalid.

 Conclusion

Contesting a will in Australia requires patience, commitment and time. In this blog, we have discussed the situations, eligibility, and reasons to contest a will. To navigate the murky waters of such family disputes, the involvement of Wills Lawyers Perth is essential.

They play an important role in ensuring you receive a fair and just resolution from the judiciary. They assess your case thoroughly and offer practical legal advice so that you get a smooth result. So contact them today if you feel stranded in such situations.