Are Will Dispute Lawyers Necessary? Facts About Their Role

signing a will and testament

In the aftermath of a family death, the involvement will dispute lawyers sounds like the last thing anyone wants to engage in.

Yet The Norton Law Group practitioners are not always in the business of dealing with conflicts over deceased estates and can actually help to hasten the process in the knowledge that everyone is receiving what they are entitled to.

There are misconceptions about the role that will dispute lawyers in this context and that is why it is important to assess their position and examine the benefits of their expertise.


Knowing What Assets Can and Cannot Be Listed

A widow who has full ownership of a property and a stake of shares is more than entitled to list those assets within the will, but there are other domains that might be off limits. Establishing these guidelines is one of the key roles offered by The Norton Law Group experienced will dispute lawyers. Some terms that are attempted to be placed on these documents simply won’t be allowed to be included, from handing money over to pets, placing conditions on gifts, providing illegal funds or to pay off estate taxes. This is where an expert solicitor operating in the industry will be able to make those determinations and fast track the process.


Going Through The Right Channels

Probate courts in Australia are the official bodies that notify beneficiaries. Yet will dispute lawyers are often required to ensure that all parties receive notification and have the same privileges when it comes to payments or offering tenancy through single or joint agreements. Without legal aid in these settings, some participants are forced to take these terms at face value without understanding the details or how these processes work via the probate courts. Their inclusion assures that the client is indeed going through the right channels, speaking to the right people and signing the right documents.


Ensuring Document Adheres To The Law

There are intricacies that are involved with these types of documents that can create difficulties from a legal standpoint. The client and those entrusted to take care of the will could find major complications if one sibling is given more than another and there is the opportunity to contest the terms. Will dispute lawyers will also work to double check that a witness was present for the signature of the paper. If there is money allocated to a party but those funds were earned through illegal means, that can present a myriad of problems for all parties. These solicitors need to undertake their research and ensure that contents are all above board if law enforcement ever wanted to inquire about its status.


Asking The Right Questions

Before a client passes, they need to know that their assets are going to the right people. Will dispute lawyers play a key role in this process before any such ‘dispute’ should occur, probing for crucial questions that are pertinent to their situation. These questions will include:

  • Who do you want as beneficiaries and heirs?
  • Do you have pets that are involved?
  • Do you want your family members to continue to own a property or try and sell it?
  • Are there assets you want to hand over that include extra provisions?
  • Are there contingencies if a beneficiary refuses ownership?
  • Have you made arrangements with the household debt?


Finishing a Will

The final role that will dispute lawyers can execute for their client is actually completing the document and ensuring that it is indeed finished and valid. There are individuals who find themselves diagnosed with a serious illness and condition and whilst they are in the process of working on the terms, they pass away. That can create difficulties and this is where the solicitor will make determinations on time pressures and have contingencies in place if those unfortunate events were to play out.