Will dispute lawyers Sydney help parties who are in conflict about a Will’s validity or property and asset division. Beneficiaries of a Will may fall into dispute when it comes to inheritances and property asset distribution. This is because they may feel that the Will was not accurate and that they should have received more entitlements.
They may also question the Will’s validity and opt for court procedures. A last Will and testament represents a deceased’s wishes for their beneficiaries and family members. This is also a legal document that will require an executor. Executors are people responsible for getting probate and transferring assets to relevant beneficiaries.
While this is a very emotional and trying time, family members and beneficiaries ensure a Will’s validity and legitimacy. Some people might be financially reliant on a deceased’s assets and will expect to receive something from a Will. Hence, they may hire Will dispute lawyers in Sydney if they are not a beneficiary of a Will. This article will discuss Will dispute lawyers Sydney.
Will Dispute Lawyers Sydney: Determining A Valid Will
A Will is one of the most significant documents that a person will make in his/her life. Thus, it’s important not to underestimate drafting a Will as it may cause a lot of complications between beneficiaries. A lawyer can help draft a valid Will in order to prevent beneficiaries from hiring Will dispute lawyers in Sydney. Creating a valid Will will require the Will maker to:
- Be at least 18 years of age;
- Have an intention to make the Will;
- Make the Will according to their own volition without any pressure from another person;
- Have the testamentary capacity to understand and approve of the Will’s contents; and
- Have two witnesses sign and acknowledge the Will under the Will-maker’s supervision.
We can consider a valid Will if all these factors are evident. Moreover, witnesses don’t have to know that they are signing a Will in order to consider its validity. Importantly, Will-makers should write their will in a language that people can clearly understand.
Will-makers don’t want their beneficiaries having to scratch their heads just to understand a Will’s contents. People under 18 can make a Will if they are married or used to be married. The same requirements in creating a valid Will still apply to minor children. Beneficiaries who question a Will’s validity can challenge the Will with Will dispute lawyers in Sydney
What To Include In A Will?
The executor
Will-makers should be sure that the appointed executor can fulfil the role flawlessly. Family members, public trustees and solicitors can act as an executor. The executor’s role is difficult and tedious, so Will-makers should appoint a responsible executor.
Guardians for children
Will-makers can appoint guardians for their children after their birth. This will also secure the safety of children when the Will-maker is no longer around. Moreover, Will-makers will want to carefully nominate a guardian who can act according to their child’s best interests.
Assets
Whenever possible, it’s important to list the approximate value of each asset. This allows beneficiaries to understand how much they should receive and if there are mortgages or loans. Some of these assets may include houses, cars, heirlooms, or money.
Will-makers should secure title certificates to support the proper transfer of properties. Assets not listed properly may result in beneficiaries hiring Will dispute lawyers in Sydney to identify who gets what. Beneficiaries who think they should be included in a Will can contest the Will.
Funeral Instructions
Will-makers will want to list down their preferred funeral arrangements. While this is a difficult topic to talk about, this will lessen the chances of Will disputes.
Charities or Bequests
Will-makers might also want to donate monetary assistance to any relevant organisations. Meanwhile, an example of making a bequest (leaving a legacy) is leaving a portion of an estate to an organisation. Similar to assets, Will-makers should list down the exact amount to prevent further disputes.
How Are Will Disputes Resolved?
We can never be too sure if beneficiaries will want to contest or challenge a Will. Also, they might think that the Will-maker did not have the mental capacity to even draft a Will. There might also be inconsistencies within the Will’s contents, especially in its wording. The Supreme Court of NSW governs the jurisdiction of will disputes, and provides information on how to resolve them. Here are three ways to resolve a Will dispute:
- Agreement – These are arrangements between the claimant and the executor. Will dispute lawyers in Sydney can help with agreements and see if parties will agree with these arrangements.
- Mediation – Courts will require parties to undergo mediation to solve any Will disputes between parties. Often, mediation resolves Will disputes instead of court proceedings.
- Court hearing – Sometimes, parties or beneficiaries will continue to disagree about a Will during mediation. Hence, their last resort is to proceed with a court hearing. Judges will then make the decision as to how much each party is entitled to receive from the Will.
Claimants looking to dispute a Will in NSW have a time limit of 12 months after the Will-maker’s death. Moreover, claimants may want to hire Will dispute lawyers in order to help them with legal proceedings. It’s emotionally, mentally, and financially exhausting to dispute a Will. Thus, family lawyers can help families and beneficiaries in taking the right steps while disputing a Will.
JB Solicitors Wills And Estate Planning Lawyers
It’s important to note that court hearings are only used as a last resort during a Will dispute. Whether clients want to contest or challenge a Will, JB Solicitors can advise about the best option to take. Our seasoned family lawyers can guide our clients through our mediation services to avoid costly court hearings.
We can also draft legally binding Wills in order to prevent future disputes between beneficiaries and family members. Furthermore, we can also assist Will-makers in updating or changing their Will if necessary. All of these services only come at a fixed fee to lessen our clients’ financial constraints
Message a Will dispute lawyer in Sydney today.
