Will Dispute Lawyers – How Will Dispute Lawyers Can Help
If someone you care about passes away, it can be a very difficult time. In addition to grieving for a loved one, family members are often faced with the prospect of having to go through a range of legal processes. It is often not what the deceased person would have wanted.
Luckily, there are several expert will dispute lawyers brisbane who can help. These lawyers are skilled in handling contested wills, trust and probate issues. They can also provide advice on matters relating to superannuation, powers of attorney and guardianship. They also have extensive experience in estate planning and are familiar with local laws.
According to Queensland law, relatives and dependants can make a claim against the estate of the deceased for financial provision. These claims can be based on many different grounds including;
Navigating Will Disputes in Brisbane: Choosing the Right Will Dispute Lawyer for a Successful Resolution
Lack of Testamentary Capacity. This means that the deceased did not understand what they were doing when they created their will. This can be due to intellectual disabilities, mental illness or the effects of alcohol or drugs. Undue Influence and Duress. This is where someone influenced or threatened the will maker to make their Will in a certain way.
Generally, you need to notify the Executor of the deceased’s will of your intention to dispute it. This must be done in writing and within 9 months of the death. Once the notice is received, your lawyer will prepare an Originating Application, Affidavit(s) and draft Directions Order. Once these documents are filed they will be served on the Executor and their lawyers.