Will disputes are such a common occurrence, and always in a high drama at that. According to probate lawyer in Fremantle, when there’s a will there’s a war. Just like what we saw in soap operas and movies, will dispute is often dealt with high emotions. That is because the conflict is more than just about the money and property but of the wounded feelings. Most often than not, will dispute occurs between siblings or between cousins. The death of a parent or a grandparent is a difficult and emotional time. This immense loss can cause problems among siblings and when the issue of will and inheritance starts to complicate, the rift between warring parties will widen and the misunderstanding will lead into court battles.
Will dispute happen when a person or an entity opposed the way how the property is being distributed through a will. Commonly, the dispute is filed by one of the heirs who is named in the will. However, a will dispute can also be brought up by person or entity that was not named in the will, but they think they should be named in the will. The will dispute often happen after the death of a person who owns the estates.
There are many ways on how the will is contested. However, the most common case is the dispute over which person receives the item of the property. In simple terms, there is disagreement on how the property was distributed. In some cases, there are wills that have a no-contest clause where the testator states that any beneficiary who will file a dispute over the will be disqualified from receiving any distributions from the will document.
If in case the will contest end up in the court, you probably need the services of a probate lawyer. Most of the contested will end up being processed by a probate court wherein the proceeding is being supervised by a judge who specializes in will disputes. Wills and probate court is a complicated matter, lawyers Fremantle who specializes in estate and wills can help you navigate the complicated proceedings in probate court. If you can settle the dispute outside the court, do so. Court proceeding on will dispute is no laughing matter it can cost you a great deal of money, time, and stress.