Will Dispute Lawyers: FAQ’s Answered

document signing

The death of a loved one is a stressful and traumatizing experience, and that is before you even consider the legal side of things. Unfortunately, for many people there is little time to grieve due to the fact that there is so much to organize, such as fulfilling the deceased persons wishes in regards to how their assets are divided, as well as organizing their belongings. But what happens if you believe you have wrongfully been left out of their will? This can make the situation more difficult, however, it does not mean you are unable to do anything about it. Will dispute lawyers are able to help you if you find yourself in this situation. Keep reading to find out everything you need to know about will dispute lawyers.


What is a will?

A will is a legal document that classifies the wishes of the deceased person. Included within this document is the identification of those in which the assets and estate should go to, and in which proportion. Generally, those who inherit the money, assets and estate are family members, however sometimes people are excluded from the document. This can be incredibly distressing for the excluded person; however, there are laws in place that allow the document to be contested. If you find yourself in this situation, you are within your rights to contest it. The best way to go about doing this is by contacting a will dispute lawyer.


What is a will dispute lawyer?

This type of legal practitioner specializes in disagreements surrounding the distribution of money, property and assets. It is possible to get aid from a specialized legal professional if you have been left out of a will and believe that you are eligible to receive a share of the assets. As this is a complicated process, you will be unable to undertake this process alone, so if you find yourself in this situation, the first person you contact should be a will dispute lawyer.


Why would I need the assistance of a will dispute lawyer?


The main reason you would need the help of a legal professional is because it is a complicated and long process. It is important for the legal system to understand why you may have been excluded from the document, and if this was wrongly done. The Succession Act allows the Court to get involved in these matters and the Family Provision Claim states that the deceased should have recognized a person in their documents. By hiring a professional, you are ensuring you have the best chance possible of getting a portion of the estate. It is important to discuss your situation so you know if you are eligible, and if so what your options are.


Am I eligible?

There are several ways to determine if you are eligible to contest this document; The Act defines who an eligible person is. This is as follows:

  • The wife or the husband of the deceased at their death
  • A person in which the deceased was in a de-facto relationship with at the time of death
  • A child of the deceased or a child who the deceased had a parental responsibility for
  • A former spouse
  • A person who was dependent upon the deceased
  • A person living in a close or personal relationship with the deceased

If you fall under any of these categories, you are able to disagree with the document and make a claim for a portion of the assets. The best thing you can do is to contact a will dispute lawyer.

Although the death of a loved one is always a difficult time, it can be made more challenging through the legal process. However, it is important to remember that just because you were not included in the document, it does not mean you are not eligible. If in doubt, contact a will dispute lawyer.