February 20, 2018

What questions should you ask before employing a will dispute lawyer

There may be an occasion in life where you might feel the need to employ will dispute lawyers. The occasion could crop up due to the following reasons.

Reasons for employing will dispute lawyers in Sydney:

  1. It could be that you have not received an item which you felt you were entitled to.
  2. It could be that you feel the distribution of the items as per the will is unfair.
  3. You might want to contest the outstanding taxes or perhaps the property debt which you will need to pay.
  4. There may be a case where you feel that the monetary funds are not distributed fairly.
  5. It is also possible that the person has changed their place of residence or has moved recently and so the various state laws are being contested.

Whatever be the case of the contest, it needs to be handled by will dispute lawyers rather than being handled by an amateur or a lawyer who does not specialize in this field.

How are will disputes handled?

The terms of a will is made known after the person who has created the will has passed away. Thus, he or she cannot address legal issues or inform as to why the will has been drafted in the way that they have specified. This is the reason why the wills which are contested are heard in probate courts. These disputes are overseen by judges who specialize in disputed wills. These cases are usually complicated and so need to be dealt with caution.

How to handle will disputes?

When there are will disputes or contesting of the will by one or more parties, a common remedy is to award monetary damages or to compensate the party or parties for their loss. There are also cases that the judge could order a redistribution or reorganization of the items or property in question.

What do will dispute lawyers do?

The lawyers who deal with will disputes first study the will, study all the arguments and counter points and then come to a conclusion as to whether the case can be upheld or has no leg to stand on. The reason for them putting in so much of time and effort before actually contesting the will is that in case the contest is not strong enough, the client might end up incurring heavy legal charges and fees of the other party. They will also inform their client as to how much it would cost as the money which the party will receive could be considerably reduced as a result of the legal costs.

How to select the right lawyer?

Before zeroing on the lawyer, you need to ask him the following questions:

  1. How many of the disputes handled by him were resolved through mediation; where court proceedings need not be paid?
  2. Has the court ever ordered that the client’s legal costs were paid by the estate?
  3. How many cases has he or she handled and were the majority of his/her clients happy?

When you have satisfactory answers, you can then employ the lawyer.

Posted in Law