Will dispute lawyers from The Norton Law Group are often caught in an unenviable position where family members and siblings are contesting the merits and terms of a deceased estate.
On the surface they appear to be dealing with cynical operators, but in many cases these individuals have rightful claims from estranged partners, siblings or children, only to be ignored or blocked due to personal conflicts of interest or external influences.
This is where their counsel can shed light on these documents and determine who is entitled to what and how the courts will assess a Family Provision Application that is filed through the right channels.
So what questions should a client ask their solicitor in these settings? Let us outline some of the most pertinent right here.
‘What Can I Do If I Believe The Executor Is Not Acting In Good Faith?’
This is a fundamental question that could speak to the core of the central dispute held between the client and the terms that have been issued. Will dispute lawyers will essentially only have one avenue in this instance – to hand over the discretion of this matter to the court. It will be the jurisdiction of a judge to determine whether or not the executor is acting in bad faith or has a conflict of interest that he or she is operating under. If that claim happens to be correct and they are deemed unfit to carry out the executor position of a deceased estate, that title can be handed over to another party.
‘Do I Have Grounds To Contest This Will?’
The most fundamental question that can be posed to will dispute lawyers is around the merits of a contest that is filed courtesy of a Family Provision Application. The risks are high if a claim is not made in good faith for the assets through a deceased estate. They have to establish whether or not they had the capacity to set the terms, they had a conflict of interest or were influenced in some manner, or that they made a verbal or written promise that was not kept. So long as there is some form of evidence to support the action, then a solicitor will be able to formulate a plan.
‘Does Probate Close Off Any Avenue To Contest?’
When a will is labeled as ‘probate,’ that ensures that the document is legally valid and approved. Will dispute lawyers will inform their clients that this does not eliminate their capacity to contest the matter. Yet there are some time limits that will apply to ensure that the terms of the deceased estate are not kept in the courts for months and years on end. The executor has to be notified in due course but there can be added limitations if probate is granted.
‘Do I Need To Pay For Contesting a Will?’
Will dispute lawyers will outline to their client that any potential payment could be arranged through the finances of the deceased estate, but that is dependent on the executor and whether or not they give permission. In many instances a client will be in conflict with the executor, lowering the chance that they will agree to such an arrangement. Once more it will be the local court who will adjudicate the merits of paying for legal services through this means or whether they have to pay the full price off their own merits.
What should be established between will dispute lawyers and their clients is an open and honest dialogue. Discussions held between these two parties remain confidential once their services have been secured, so any actions or plan for action should be voiced to them before proceeding. No individual wants to make a claim or contest the terms of a deceased estate without valid and legal reasons.