Will disputes take place when beneficiaries have a quarrel over how the property will be distributed or when they think distribution didn’t take place in a just and equal manner? Usually, one of the beneficiaries brings up the dispute. There might be cases where dispute might have brought in by a third party whose name was not mentioned in the will whereas he or she is entitled to some share in it. In fact, these are not the only reasons of or kind of disputes. To know more about them and how they can be resolved read this article further.
Majorly, disputes arise after the death of the person. And it is so because most of the people only get to know about the will and details of it after the person’s demise. This leads to the appointment of an estate administrator.
As mentioned above, there can be various types of conflicts associated with the distribution of property, finance and other assets after the death of the person. Here are few examples as to what type of legal issues or conflicts prevails amongst beneficiaries and third parties: –
- Which property will be given to whom and what share in the money or finance will be given
- Conflicts over debts, outstanding tax and other such obligations
- Dispute regarding the time when property is there for a person who has been mentioned in the will
- Quarrel over understanding and interpretation of various laws
In certain cases wills do have non-contest clause provided, state permits for it and testator also wants it. In other words, all those beneficiaries who will file a will dispute will end up losing their share given in the will. They will not be entitled to any distribution.
As talked about earlier that major issues arise when the owner of the property is no more. This is the main reason that the legal issues remain unsolved. Then the matters are taken to the probate court for resolution and there the issues are overseen by the judge. It sounds simple and easy but it takes a lot of time to get the matters resolved.
If you are wondering how are these disputes are handled by the lawyers then to let you know, these matters are like any other legal cases and are undertaken by dispute lawyers. These lawyers are master of the field and they have years of experience in resolving the issue of beneficiaries fighting over a will. One of the solutions is to distribute monetary awards to the relevant parties involved. Or the judge may find out a new way of distributing the property.
Wills has always been a complicated document and therefore, New Way Lawyers would like to help you in the preparation of the same. Their Estate lawyers Brisbane have requisite qualification and experience regarding the same. They will help you in the preparation of the will and if you are on the other side i.e. a beneficiary, they will have your back in that case as well.
The firm is a nonprofit organization which aims to help people who belong to low-income groups or are too poor to hire a private lawyer.