Individuals usually hire estate planning attorneys to draft a will. The will is a legally binding contract which is created by an individual so that their property can be distributed after their death. The person who make the will is known as the testator. The will contains instructions on how the property and the Assets of the testator would be distributed after their death. It is usually known as the last will and Testament and includes important information regarding the property and how it is to be divided among the descendants. It also contains the time frame of when the Assets and the property are to be distributed and to whom these are to be distributed. Usually a lawyer is hired so as to minimize the risk of a will dispute however a dispute can occur when any individual challenges the provision contained within the will.
The grounds for disputing a will
It is the right of any individual to dispute or challenge the contents in a will. The person challenging the will is often the beneficiary. However it can also be distributed by an individual who has not been named as a beneficiary. However if they believe that they are entitled to a person of the decedent state they can contest the will at any time.
The following are some of the grounds for disputing a will
- If an individual thinks that the Asset or the property which they have received in the will is not what they were entitled to
- If a beneficiary dies during the probate process
- If one or more items which consists of the property or the assets of the decedent does not exist at the time of their death.
When a dispute cannot be resolved informally during the prepared proceedings it would then be required to be resolved in court. The probate proceedings can be initiated anytime after the death of the testator. However such proceedings can take several months or even years. All this depends upon the size of the estate or the creditor would be making a claim against the estate. A will can be a complex piece of legal document and it contains certain provisions or phrases which might not be comprehended by a live person. In case of a dispute for more than one provision in the well it is important to consult an attorney stop these lawyers are also known as estate lawyers of probate lawyers. They can assist you by explaining to the probate process and read the will in a way which would be able to understand it with ease.
Your lawyer would guide you as to what rights and options you have. However it is important that you hire an experienced lawyer to represent you. They would make sure that they are able to settle the matter outside the court. However if that is not possible they might have to take the case to court and go along with all the legal proceedings. It should be kept in mind that there are times when it might take years for the dispute to be resolved. This is why it is essential to hire the right person for the job.
Talk with the lawyers at Hinton Law in Hervey Bay if you need expert assistance at contesting a will.