When loved ones pass, it is still his or her responsibility to ensure that their estate is properly administered following their death. It is imperative that during this challenging time, relatives come together to ensure that the will is administered properly. It is the responsibility of the executor of will to ensure that the administration of the will goes smoothly. However, will disputes are sometimes encountered, especially in cases when beneficiaries are dissatisfied with how the estate is set to be distributed. But what do you need to know about will disputes and how can estate lawyers in Melbourne guide you throughout the process?


The Ins and Outs of Will Disputes and How to Go About It


Enlist the assistance of inheritance lawyers to ensure meaningful results in will disputes.

Will disputes are a long and tedious process that require the expertise of inheritance lawyers. These estate lawyers in Melbourne are experienced professionals who deal with estate laws specific to your state. Not only do inheritance lawyers assist in gathering information and documentation to support your claim, they also validate your eligibility as a claimant against the will. Estate lawyers in Melbourne are in the best position to provide you with proper advice on the mediation procedures that will take place if and when you are found to have a valid claim. More importantly, inheritance lawyers propel both parties towards a satisfactory result that resolves conflict.


Ensure that you have valid grounds for disputing or contesting a will.

One of the primary steps in will disputes is to determine if you have standing. Not everyone can dispute a will, so make sure you are eligible to do so before you make your claim. Inheritance lawyers can assist in determining if you have standing when it comes to contesting a will. Oftentimes, those who are interested in pursuing will disputes are those who were disinherited by a family member or believe there is an inheritance dispute between his or her siblings. Other cases in which a will can be disputed is when the will was produced out of fraud and forgery, or was written while the testator or the deceased did not have the adequate mental capacity to write it properly. Furthermore, will disputes also arise when the will does not reflect the aforementioned wishes of the deceased or was written under undue influence.


Adhere to the timelines and requirements involved in the process of will disputes.

The administration of a will is time bound. There is only a window during while one can raise their concerns over will disputes. It is understandable that arriving at a decision to dispute a will is not easy, but if you are eligible and have a valid claim, you must file your claim in a timely manner. Depending on where the will was written, there will be certain estate laws that dictate how much time you have to pursue will disputes. As with other estate issues, inheritance lawyers are in the best position to provide legal advice on how to proceed and what requirements you’ll need to file your claim.


Avoid will disputes by enlisting the help of inheritance lawyers and maintaining an updated estate plan.

Will disputes or contesting a will are not the only options when a loved one dies and the will is deemed questionable by its beneficiaries or anyone who has vested interest in an estate. In fact, will disputes can be avoided through estate planning, a process in which the management and disposal of one’s properties and assets are already outlined even while he or she is living. Keeping an updated estate plan will help allot assets to beneficiaries, so they are aware of what they are to receive when the time comes that the estate must be administered. Estate plans also allow for a discussion on why certain assets belong to a beneficiary, especially when the testator is still living, so he can properly defend his decisions. Estate planning is often conducted with the assistance of estate lawyers in Melbourne, who can properly advise the will-maker on the appropriate laws that cover his estate, depending on which state he resides in.


Will disputes don’t have to financially and mentally draining. At Hentys Lawyers, our professional inheritance lawyers and estate lawyers provide creative and effective solutions for each will dispute case. If you recently lost a loved one and are seeking the guidance of estate lawyers in Melbourne, give Hentys Lawyers a call. Our specialists are always on hand to provide an initial consultation and an estimate of legal costs according to Victorian legislation. Hentys Lawyers operate on a “No win, no fee” basis so you’re sure to arrive at a satisfactory result. Visit willcontesting.com.au to find out more.