When someone dies, a will is supposed to make things simple. You are supposed to be able to look at their will and know exactly how things are going to be divided. But like many things in life, it’s not always as simple as that. There will sometimes be disputes about wills, and they can be more complicated than you think. Here’s what to do if you disagree with a will.
Speak to a lawyer
If you disagree with a will, and want to know whether a dispute is possible, it’s important to speak to a legal professional as soon as possible after the death. Find a will dispute lawyer in Parramatta who will have lots of experience dealing with these kinds of cases. It’s important that you speak to someone who knows the law inside out and do it as soon as possible. In some areas, there may be laws that limit how long you can raise a dispute, so this isn’t the kind of situation where you should hang around.
Find out if the will is valid
Every country has different requirements for a will, and there may be certain things that make a will valid, such as:
- Whether the will is signed and dated – in some places, witnesses will need to see it being signed
- Whether the person had capacity to make the will at the time
- If it’s in writing – if someone promises you something, yet this isn’t written down anywhere, it can be hard to dispute
- Whether the will is legal – for example, someone can’t write something into their will that breaks the law around taxes or inheritance
This is where getting legal advice can really help, as your lawyer will be able to easily tell whether the will is enforceable, or whether you might have a claim.
If you are upset about the outcome of a will, you should take action as soon as possible. Once an estate is settled, it can be hard to get any resolution, so you should look into whether you have a claim. These sort of cases can soon get messy, which is why legal advice is important. It means you can be sure that your claim is dealt with in a professional way, and you can get what you entitled to. It also means you have someone on your side during this often difficult and stressful time to be your advocate.