What’s The Process For Contesting A Will, And When Should You Involve A Probate Lawyer?

Contesting a will in Australia is quite common. It has been recorded that almost 50% of the wills are contested. The family members feel that the particulars of the will, as stated by the deceased, are unjustified. Hence, they opt to contest the will.

The more staggering fact is that 74% of Family Provision Claims on contested will in Australia are successful. However, you must learn how to contest a will to achieve this. Additionally, it is crucial to understand the extent to which you must appoint a professional lawyer to handle the matters for you.

In this article, you will be armed with all the necessary information on contesting a will. We will also share the instances when appointing a probate lawyer is inevitable. Read along to know more.

A General Overview

After a person is deceased, the details of the will they drafted are revealed. When the beneficiaries are unsatisfied with the distribution, they contest the will for a more fair decision. However, if there has been no will, it needs to go through probate with the assistance of probate lawyers in Perth. In such instances, executors are present and will collect and evaluate the monetary strength of the assets. If there are any debts, they will be first paid off, and then the rest will be distributed among the beneficiaries.

If you contest in Western Australia, they usually render 6 months to lodge your complaint with the court from the date the probate is granted. However, make sure you have a clear understanding of the will particulars. Additionally, you must rationally consider whether you are being wronged and have enough evidence to prove it. Hence, before directly filing a complaint, opting for mediation is better.

Are You Eligible To Contest A Will?

There are various limitations for applicants. Hence, you must ensure whether you are eligible for contesting. The following conditions are as follows,

• Need to be directly related to the deceased (spouse, children or parents)
• Beneficiaries directly dependent on the financial help received from the will
• Members who were included in a previous will but the present one

Additionally, there are situational limitations as well. They are,

• The deceased had compromised mental faculty (for instance, suffering from Alzheimer’s or Dementia)
• The will was drafted under some kind of compulsion or force
• The will particulars prove to be unauthentic and have been manipulated with (forged signatures and irrational changes)
• The will did not follow the appropriate legal proceedings
• The immediate beneficiaries, like spouses, children, etc., who have received no substantial share in the will

The Application Process

In this section, we will discuss the application process in detail. Check out the five steps of this procedure,

• Properly Examine

The first step is to meticulously go through the will to understand the details. This will help you to detect if there have been any misinterpretations or vague conditions provided. However, in case of any dilemma, you can seek professional assistance. Once you are convinced you are willing to contest the will, proceed to the next step.

• Collect Evidence

The second step is to collect substantial proof to validate your reasons. For instance, you claim the deceased was not mentally well while drafting the well. You must gather medical reports, medications, etc. Similarly, for others, try garnering as much evidence as you can. This helps you to represent more strongly.

• Choose Your Strategy

Avoiding the court is always the best option. Hence, you choose an informal mediation session. Here, you will need to hire a proficient mediator. Both parties will speak in front of them to reach a mutual settlement. Remember, your evidence will count here as well. However, filing a complaint becomes the last resort if no settlement is achieved.

• Lodging A Complaint

Once you involve legal bodies, choosing the best probate lawyer in Perth becomes inevitable. They will assist you in filing the case with all evidence and legal documents to initiate the court proceedings. Moreover, they ensure all legal formalities are completed within the given time limit.

• Court Sessions And Settlement

The evidence will be verified during the proceeding, and the will particulars will be looked into. The contested wills and probate lawyers standing against the will are questioned critically. Ultimately, a mediation session is facilitated where both parties state their reasons. The judge then reaches a proper conclusion. If you are not happy with the results, you can also apply to the Supreme Court.

Conclusion

In conclusion, we would like to say that we have discussed the entire process of contesting a will. Indeed, contested wills & probate lawyers are closely associated. Since major cases result in legal lawsuits, you must ensure you have chosen among the most efficient Probate Lawyers in Perth WA, to represent you in court.