People write a will to decide the person or entity that will be eligible to get the assets and estate after one’s demise. However, there are laws in place that can help an eligible person who has been missed out of such a will and they can claim their right. There can be adequate grounds of hearing if a person thinks that the share of his will is inadequate or if there is no mention of the person in a will altogether. Will dispute lawyers can be very useful in these types of circumstances to help an eligible person who has not received his full due. They can also be useful in the following ways.
- A will can be challenged – An eligible person can challenge a will through his will dispute lawyer on a variety of grounds. A will can be challenged if the person thinks that the will was made at some point of time when the will maker was not in sound state of mind or that he was unduly influenced or was under certain pressure while the will was being made. A qualified lawyer can help turn the tide by presenting the case situation. They study the case facts very carefully; go into family histories and details to determine shares and genuine claims.
- Terminologies – Will dispute claims are also known as ‘family provision claims’ in ACT, NT, SA, NSW and QLD. These are also known as ‘testator’s family maintenance claims’ in VIC and TAS and goes by the name of ‘inheritance claims’ in WA. Whatever may be the territory that one may be living in, such a claim can be made anywhere by one of the will dispute lawyers and they can help deliver justice to a client. The eligibility criterion can also be decided by taking their help.
- Distributing an intestate estate – A intestate estate is one where the will owner expires without any will in place and all property directly passes on to the heir. In such a case, there can be many heirs who claim a share or that they are the rightful heirs. In such a scenario, will dispute attorneys can take up the case and help a client in getting a reasonable amount of the property. The distribution of an intestate estate is widely taken up by this type of lawyers.
- There are many ‘no win-no fee’ lawyers – There can be many practice areas in which a lawyer or a law firm may offer ‘no win-no fee’ agreement. Some will conflict lawyers also offer this service to their clients. This way the client can be sure of their case and that can have a very positive approach.
Will dispute cases can be very tricky at times due to the fact that the original will maker is no more and hence facts can be twisted as per convenience. These lawyers can help ensure that this type of condition is correctly handled by them so that their client can get the needed justice.