Brisbane, Australia – Peter Carter, a profound legal practice director based in Brisbane, provides in-depth knowledge on the cause of a will dispute and the legal approach to take in the course of a will dispute.
Will dispute arises when a deceased ceases to provide legal documentation to aid the distribution of the Estate, which is regarded as “intestate,” if a Will is also contested to be invalid and if there is the inadequacy or inappropriate or uneven distribution of properties.
Dispute lawyers assist estate administrators, people who have been denied their rights and inadequately provided for in a will. The lawyer concerned about the validity of the Will is thereby asked to seek legal advice at the early stage.
Peter Carter states, “Lawyers, financial dependents, beneficiaries, and relatives need to know what might be involved if a dispute arises and if beneficiaries are left out of a relative’s will.” However, Carter agrees that a person has the right to create his Will in the manner that suits him or her. Also, this right is extended to anyone who wishes to dispute the Will and see it uneven.
The lawyer (executor or administrator) handling the deceased Estate is to give early consideration to anyone with a legitimate right to receive a benefit under the Will if omitted or inadequately provided for to avoid disputes.
Unsure If left a benefit under a Will?
Lawyers assist unsure beneficiaries under a Will by obtaining a copy of a Will from an executor (the person in charge of the Will) to determine if they are receiving a benefit from the Estate.
The uncertain beneficiaries are not charged fees to seek the Will, and if not included as a beneficiary, they might wish not to proceed with any claim against the Estate. If otherwise, a beneficiary may wish to claim against the Estate, fees will only be payable after all Estate benefits have been received.
Grounds for Challenging a Will
Displeasure person with the deceased Will can challenge it if:
1. The family members and dependents are not adequately provided for.
2. The formal requirements for making or amending the Will must is not observed.
3. The Will lacks a genuine reflection of the Willmaker’s last testamentary intentions.
4. The Willmaker doesn’t have the legal capacity when making it.
5. The will showcase evidence of undue influence exerted by another person.
6. An agreement by a willmaker to provide a benefit to a person can be enforced against their Estate if the person receiving the benefit has provided valuable consideration.
7. Each provision in a Will doesn’t precisely achieve the intention of that provision.
In the case of a dispute, the courts may order the redistribution of the Estate and provide every legitimate and rightful beneficiary what he or she deserves.
According to Peter Carter, “Challenges faced by overlooked family members or dependants or beneficiaries for shares in the Estate because of being inadequately provided for are becoming more frequent. Therefore, the law allows family members or dependents who have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them. Typically, these claims come from a child, spouse, former spouse or certain dependents left out of a will or a beneficiary wishing to challenge the fairness of the gift allocated to them”.
In response to this, the “Queensland Law” authorizes family members or dependants who suffer tribulation because they have been overlooked or inadequately provided for in a will to bring a lawsuit for estate allocation to them. Falling into any of the following categories grants access to a lawyer
1. Spouse of the deceased;
2. Child of the deceased;
3. A dependent of the deceased.
After which, a formal written notice is given to the lawyer within six (6) months, while the legal action commences within nine (9) months of the deceased’s death. The displeased person is to provide relevant information, such as a list of estate assets, a list of surviving dependents, and particulars of his or her relationship with the deceased. The factors the court will consider if the applicant has a valid claim include
1. The relative financial positions of the parties.
2. Relationships between the deceased and all potential beneficiaries.
3. The special health or other needs of a beneficiary or potential beneficiary and
4. The size of the Estate.
However, the application must be followed by a detailed affidavit setting out the history and all relevant facts.
Reason to Challenge a Will
A child, spouse, or dependent who is suspicious of the influence of another person over the terms of the Will to obtain a large part or all of an Estate is liable to challenge the Will. In addition, any traces of handwritten or interlineation alterations to a will or other testamentary disposition codicil should raise a red flag as to “validity”.
Likewise, any irregularity regarding the signing of each page of the Will or the absence of either witness’s signature on any page. An executor or beneficiary who is concerned about the above may apply to the court for that issue to be determined on the evidence.
A hasty revision of a will to remove a beneficiary motivated by spite or paranoia might not reflect the Willmaker’s genuine testamentary intention. However, this is subject to proof that must be provided to the court and accepted. Also, if the deceased lacked “legal capacity” when making the Will, it is advisable to seek legal advice as early as possible.
In need of an unerring legal adviser?
QLD Estate lawyers are one of the best and most reliable legal advisors when drawing a Will or contesting the terms of an existing Will. Their wills, Probate and Estate Lawyers have experience in all areas of Will Disputes, Probate, Estate Administration, and Litigation. Their services cut across:
1. Make a Will that directs Estate owners to their desired location without complexity.
2. Professional advice on how to choose an estate structure appropriate for the family’s changing circumstances.
3. To provide legal support to family members and dependants not included in the Will or has been inadequately provided for.
4. Information on whether a Letter of Administration is needed
5. QLD Will lawyers help executors perform their role in doing Will, as much or little as they want.
6. The provision of easily accessible advice from experts on the role of an estate executor.
7. Challenging a relative or adviser on the inappropriate portion and benefit of the Will they receive.
8. Given detailed information on the payment appropriate for an executor.
9. To help uncover facts if the Willmaker lacks the legal capacity to make one.
10. To Make and receive calls to discuss the estate issues they are facing.
11. Writing wills for anyone with emergency health care or attention.
12. Provision of administrative and trustee services.
More insightful information is available on their free online Assessment Tool. Or check out their website: qldestatelawyers.com.au
Media Contact
Company Name: QLD Estate Lawyers
Contact Person: Peter Carter
Email: Send Email
Country: Australia
Website: https://qldestatelawyers.com.au/
