Estate disputes may arise if the will lawyer fails to do their due diligence of avoiding mistakes while drafting the will for the deceased and upon their demise, the family start to quarrel on certain clauses in the will that were not clearly addressed. At this point, it will take the effort, guidance and support of an estate dispute lawyer to help the family and beneficiaries come to an agreement and resolve their issues. Estate dispute lawyers are conversant with estate law and can help clients navigate through its complexities. Here are some of the common causes of estate disputes and the roles of an estate dispute lawyer discussed in detail.
Challenging the validity of a will:
Several actions can lead to the validity of a will being challenged by the affected persons. The most common occurrences include a lack of mental capacity by the deceased to make such important decisions when one side suspects that the deceased was influenced to make certain decisions in a rush, and also improper execution.
Ihenritance disputes:
Conflict will arise when beneficiaries feel like the distribution of assets was done unfairly. It is the responsibility of a will lawyer to advise their client about the fair distribution of assets to the beneficiaries to avoid future wrangles and tussles.
Executor issues:
An executor is a person chosen by the deceased to oversee the whole process of asset distribution to the beneficiaries. Thus, a dispute may arise if the beneficiaries feel like the executor is acting in their interest and not to the expectations of the deceased.
Interpretation of the will:
Different interpretations of the language and vocabulary used in the will can challenge its validity. The use of ambiguous terms can create confusion and conflict. Therefore, lawyers are advised to encourage their clients to use simple and clear words with precise instructions on what is to be done. The will should not leave room for further interpretations.
Mediation and negotiations:
When a dispute arises, an estate dispute lawyer can act as a mediator to help both parties reach an agreement without involving the court. Here, they act as neutral entities and oversee the discussions and negotiations among the beneficiaries.
Litigation support:
Mediation does not work all the time. Parties involved may fail to reach an agreement from their discussions and this will push things to the attention of the court. When it does, an estate lawyer will need to represent their clients in court by preparing the necessary documents and advocating for their client’s interests and fair outcome.
Executor assistance:
An estate dispute lawyer can remind an executor of their role in the estate distribution process and advise them on how to best discharge their duties without bringing conflict. They ensure that the executor’s actions are in line with the legal requirements and within the scope of their job.
Conclict resolution:
To some extent, an estate dispute lawyer will use their expertise to understand the main cause of conflict and come up with strategies that can help in addressing them.
The most common causes of estate disputes include challenging the validity of a will, inheritance disputes, executor issues, and interpretation of the will. The four most crucial roles played by an expert estate dispute lawyer in Hervey Bay include mediation and negotiation, litigation support, executor assistance and conflict resolution. Navigate will disputes with ease with a competent lawyer by your side.
