Just like trusting divorce lawyers in Sydney to handle your separation, trying to manage a deceased estate is a tough process to endure.
Ask any executor about their experience and many will attest that the emotional anguish is exacerbated by the logistical headaches brought about by the arrangements of a last will and testament.
While divorce lawyers in Sydney are often needed for legal separation cases, will dispute lawyers on the other hand are often hired when beneficiaries are debating the merits of the estate and there are difficulties with closing the matter once and for all.
We will explore 6 selling points that will outline their role in these challenging circumstances.
1) Keeping The Will
While the testator will have control about where the legal document is located, it is beneficial to have will dispute lawyers keep the original or a copy for safekeeping purposes. This is designed for security purposes given the infrastructure available for the firm. It also ensures against a conflict of interest as the item is kept as a third party premises off-site. There is too much at stake not to take precautionary measures in this regard.
2) Establishing The Will Facts
There are essential facts that have to be established from the outset when it comes to the testator, the executor of the will and the beneficiaries involved. These representatives are on hand to outline the facts for all interested parties. This will include what is involved with the document, at what date it will be released and to whom it is being released. Such a step will help to diminish ongoing debates and fights that only draws the process out longer.
3) Obtaining Probate Status
It is the duty of the executor to secure probate status for the document, but the use of will dispute lawyers can help to expedite that task along. The document has to be submitted to court before it can be certified, ensuring that all of the terms are legal and that the remainder of the process can be underway. Working with experienced representatives will point the executor in the right direction, removing any frustration of confusion with this phase.
4) Providing Environment for Constructive Talks
Half of the challenge that is involved when family members and participants are fighting over a last will and testament is that they are engaging in disputes in an unstructured environment. Whether this is in family homes, out in public or held online where other commentary can intervene, the entire affair becomes complicated and distasteful. The good news for those who decide to hire will dispute lawyers is that they will offer individuals the chance to assess the facts and talk through their opinions and feelings in a private and confidential setting.
5) Managing Any Contests or Challenges
One of the common reasons why will dispute lawyers are introduced into this setting is because a beneficiary or an individual who believes they should be a beneficiary will argue that the terms are invalid. A contest will occur when a party feels neglected or left out of the will entirely. A challenge will be made when someone argues that the drafting of the paper is illegitimate. Legal intervention in these matters is necessary to reach a resolution.
6) Ensuring Assets Are Distributed
Ultimately the objective of will dispute lawyers is to ensure that the wishes of the testator are realised and that the assets are distributed to the right people at the right time. This can include financial accounts, property, items of sentimental value, business interests and anything else that could be deemed of value. It is the duty of the executor, but the use of these lawyers will finalise those key details.
Will dispute lawyers are able to make the best of a bad situation for clients who simply want the matter handled professionally, diligently and fairly. From a testator who wants peace of mind about the process to an executor who needs assistance with the logistics, it is important to make contact with these operators.