How Can an Estate Lawyer Help You Contest a Will?

Whether you’re contesting a will or challenging a will, an estate lawyer can be an incredibly helpful throughout every stage of your case.

Why do so Many People Get Assistance From an Estate Lawyer?

Will disputes can be a long and complex process but, with an expert by your side, you can ensure you’re well informed during the proceedings. With extensive experience in the field, your estate lawyers understand the technicalities of will disputes. This specialist knowledge will be invaluable to you and will, ultimately, give you the best possible chance of lodging a successful claim against an estate.

Beyond sharing specialist knowledge and expert guidance during your will dispute, an estate lawyer can also provide much needed support. They’ve worked with many individuals in your position before and, thus, know that pursuing a claim against an estate can place emotional strain on all of those involved.

In some circumstances, claimants may need to delve into prior circumstances that are unsettling or difficult to discuss. Your estate lawyer will be there every step of the way; giving you much needed support during these challenging times.

Unfortunately, will disputes can place additional pressure on family dynamics. Because of this, existing conflicts may escalate and new ones may arise. Managing these relationships can be difficult but, with an expert by your side providing expert advice, you can handle such situations with greater certainty.

How an Estate Lawyer can Help you Contest a Will or Challenge a Will

If you’re unsure whether enlisting an estate lawyer will be worth it in the long-term, there are various factors that we’d recommend taking into account.

In the following, we’ll be discussing how exactly an estate lawyer can be of assistance to you during your case proceedings. So, why do so many individuals in your position choose to enlist the assistance of will dispute lawyers?

1. Determine Your Eligibility to Contest a Will

To contest a will in Victoria, you must be considered an ‘eligible person’. But what defines whether an individual is an eligible person or not?

If you want to make a claim against an estate, you must meet at least one of the following criteria, being that you are:

  • The wife/husband of the deceased;
  • The deceased’s de facto partner;
  • The ex-wife, ex-husband or a past de facto partner of the deceased;
  • The child, step-child, adopted child or grandchild of the testator;
  • An individual who the testator treated as if they were their child;
  • The brother or sister of the deceased;
  • The testator’s personal carer or creditor (in certain circumstances).

Determining whether you’re an eligible person isn’t always a straightforward process. In fact, various factors will often need to be considered, all of which can complicate the Court’s decision. Your estate lawyer can provide valuable clarity as to whether you are actually in the position to contest a will or challenge a will. This can save you both time and money that may have otherwise been unknowingly invested in a case that didn’t hold legal merit from the beginning.

2. Determine Whether Your Claims Against the Estate Hold Legal Merit

While you may believe your case against an estate is strong, there is no guarantee that it will hold legal merit.

When a will dispute is pursued in court, a claim that may seem perfectly reasonable to the average person isn’t always going to be successful. For this reason, getting an estate lawyer on your team can be incredibly beneficial.

Your will disputes lawyer can help you weigh up the likely outcome/s of your case, which can assist you in deciding whether it’s something that is worth pursuing legally. Similarly to the prior point, this can help you save both time and money that may have otherwise been invested in a case that was doomed from the start.

In addition to this, once they understand the circumstances surrounding your case, your estate lawyer might propose different approaches you could take. For instance, while your initial claim might not hold legal merit, there may be another angle that you didn’t consider which has a far greater likelihood of being successful.

Contact Your Estate Lawyer Today If you’re considering contesting a will or challenging a will, a great first step to take is to contact your estate professional. Once they’ve determined whether you’re an eligible person and if your claims hold legal merit, they can advise you as to which type of claim will be best suited to your unique circumstances. Why wait? Get in touch your estate lawyers today.

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