Most common will related disputes

by Will Challenge Lawyers Will and Estate Lawyers Sydney

Generally, will disputes arise when someone passes away in the family. The major cause of will dispute is related to properties and the way it is distributed among all the beneficiaries. To reduce the probability of disagreements and disputes, it is important to draft a will to prevent litigation later on.

Challenging a will has become a norm these days even when the deceased has left a valid will. The most common will disputes and Family Provision Claim Sydney can be contained through careful drafting of a will or can be resolved with the assistance of will dispute lawyers.

Here are the most common will disputes that can be resolved via litigation.

Delay by executors

Executors are accountable for carrying out the wishes of the deceased and handling the entire will process diligently. Firstly, the executor needs to obtain a probate grant and there is no time limit for this. Here, the executor has to apply for the probate within a year after the death of the will maker. If there is further delay at the executor’s end, then they have to apply to the court seeking a deadline.

Disagreement on the disposition of the estate property

Another big question for a lot of families is whether the home can be sold or not. This often leads to Family Provision Claim Sydney. Generally, the best solution for this particular problem is the beneficiaries who want to keep the household should buy the interest of those who are willing to sell it. The deceased may spell out that beneficiaries have the option to buy the household from the estate, but even if the will does not include this particular provision, an agreement can be made and concluded. One should take the assistance of Will Dispute Lawyers in this regard. When one or more beneficiaries will buy the household, the parties should consider looking for experienced will dispute lawyer to conduct the property valuation and decide a specific amount to pay.

Transfer of unauthorised assets

When a close family member of a child is given the power of attorney, then other beneficiaries might consider making Family Provision Claim Sydney by saying that there has been unauthorised asset transfer by the individuals. If the individual with power of attorney moved out funds, the other beneficiaries may claim that the transfer was unfair. In these kind of situations, expert accountants can review the records to control if property or money was inappropriately removed from the estate. If so, the assets can be scraped back and an executor who removed funds shall also be removed from the position.

Accusations of undue influence

If a family member or a friend influenced the deceased regarding the estate planning or distribution, a will under the charges of undue influence may be declared as invalid or changeable. Close family members or friends can make Family Provision Claim Sydney, but they need to prove the claim with the help of will dispute lawyer. If the will is proved invalid under undue influence, previous versions of the will can be considered.

Conclusion

At the end, will disputes or challenging a will has become pretty common nowadays. There are a few simple ways to get desired solutions out of will disputes and it is better to start consulting with reputed will lawyer when the will is written. This will give you a clear idea about the potential conflicts and privileges. It is better to write the will with the assistance of a will lawyer. Mediation or negotiation is also recommended because they are considered as the best option to minimise the risk of conflicts and long trials. Make sure you have all the crucial evidences in place to make your claim legally strong and valid.