Dealing with the distribution of a deceased loved one’s estate can be a challenging and emotional experience, especially if you believe the will or the manner of distribution to be unfair. In Australia, the legal system provides avenues to challenge such situations, but navigating these waters often requires expert guidance. Zenith Lawyers is a firm that has experience in assisting individuals with asserting their rights when it comes to wills and estate claims. In this article, we explore your options and how professional legal services can ensure your voice is heard.
Understanding Your Rights
The underlying principle of Australian law is fairness, and this is evident in its approach to wills and estates. If a will seems unjust, beneficiaries and those who expected to be beneficiaries have the right to contest. Understanding the grounds on which a claim can be made is crucial:
- Lack of adequate provision – If you were dependent on the deceased and the will does not provide for your needs, you might have a claim.
- Lack of testamentary capacity – Contesting a will is necessary if there’s reason to believe the deceased lacked the mental capacity to understand the implications of their will at the time it was made.
- Undue influence or fraud – If a will was made under duress, coercion, or fraudulent circumstances, it could be contested.
- Improper execution – If the will is found not to comply with the formal requirements, its validity can be challenged.
Seeking Assistance
Zenith Lawyers understands the intricacies and sensitive nature of will and estate disputes. Our experienced legal team provides the following services to assist you in such circumstances:
- Free Initial consultation to discuss your case and legal options.
- Investigation into the validity of the claim.
- Guidance through the process, including mediation and court proceedings.
- Representation in court, if necessary
Legal Process
Filing a claim against a will or an estate involves several steps, and the process might differ based on the specific circumstances of each case. Here is an overview of what you might expect:
- Eligibility Assessment: Determining if you’re eligible to make a claim based on your relationship with the deceased and the provisions of the will.
- Timely Action: It’s important to act quickly as there are strict time limits for contesting a will.
- Negotiation and Mediation: Many disputes are resolved through negotiation or mediation without going to court, saving time, money and emotional distress.
- Litigation: If the case goes to court, deep understanding of contested estates law and strategic litigation skills are essential for success.
How We Can Help
At Zenith Lawyers, we pride ourselves on offering compassionate and professional support to our clients during difficult times. We will help you navigate the complex legal framework and position your claim for the best possible outcome. It’s important to act promptly and to understand the nuances of your specific situation. For anyone faced with an unfair distribution of an estate or who feels that their entitlements have been disregarded, reaching out to Zenith Lawyers offers peace of mind knowing that you have seasoned professionals at your side. Our approach is tailored, recognising the uniqueness of each client’s situation and prioritising a resolution that aligns with your needs and expectations.
Conclusion:
When the distribution of an estate after a loved one’s death does not seem right, it can add to the burden of grief. Knowing that the law provides mechanisms for recourse is a consolation, but the process is complex and professional guidance is often necessary. Zenith Lawyers is dedicated to protecting your rights and interests in claims against wills and estates. If you believe you have been unfairly treated in a will, please get in touch on 1300 936 529 with Zenith Lawyers for expert assistance and ensure that your inheritance rights are fully realised.
The information provided in this article is for general informational purposes only and is not intended to constitute legal advice or create an attorney-client relationship. While we strive to keep the information accurate and up-to-date, laws and regulations may change, and the content may not reflect the most current legal standards.