Having a last will and testament is important. After all, life is uncertain and there is nothing guaranteed for any of us. Ensuring that our valuables are accounted for and going to those we care about most is of the utmost importance.
But there are disputes over last will and testaments on a daily basis. Family members who were once close with one another fight tooth and nail over the property and assets that are left to them by a loved one.
Estate and Will Planning
Before requiring a will dispute lawyer in Parramatta, it helps to have an estate and will planned out in the first place. The last will and testament is legally binding and can offer peace of mind for both those writing the will as well as the rest of the family.
The will is meant to ensure that any business and personal interests get distributed the right way. When there is no will, those assets get divided according to the law of intestacy. That means someone who isn’t a loved one can benefit.
When creating a will, the right will lawyer will help you understand the important aspects. That includes what is in the will and who inherits it. It covers who executes the will and handles all of the estate affairs after you pass.
Challenging a Will
Whether you are challenging or disputing a challenge, there are plenty of ways to challenge a will. Having the right will and estate lawyer on your side means making the appropriate challenge to a case and determining if there are reasonable grounds that there may be a problem with the will.
The proper lawyer will assess a few different important aspects. The first is whether or not the situation is grossly unfair. They will also identify whether or not there are financial needs for family members involved. Any dependents, particularly those who are financially dependent upon the person who passed, will be identified.
There is also an assessment about whether the decisions outlined in the will were made with the proper mental capacity. Finally, they will determine if the executor was influenced by a particular person during the signing process.
All of this is done to ensure that the process was followed properly and that those outlined in the will are protected during the entire process.