Frequently asked questions about Contesting Wills
Published 31 Jul 2013
It is important to be aware of your legal options when it comes to Inheritance Disputes.
However, knowing the law is just the start, and more context can make the possibility of one day needing to take legal action over a loved one’s Will a much less daunting prospect.
Here are answers to some frequently asked questions about Contesting Wills.
Do all Will disputes go to court?
While some Inheritance Disputes do go all the way to a court hearing, the majority are settled before this becomes necessary.
This can happen in one of two ways. Either the parties concerned come to an agreement on their own, or they arrive at a solution through mediation.
Mediation is a structured process where a mediator helps those Contesting a Will to negotiate towards a resolution.
This process does not involve the court, although lawyers will still need to file initiating documents in court.
How should I choose a lawyer?
Many people may have dealt with lawyers before, but Inheritance Disputes call for specialist legal assistance.
There are two principal things to look for in a Contesting Wills lawyer to increase the likelihood of your claim delivering a satisfying result.
The first is expertise – look for lawyers that understand intimately the legislation surrounding Wills and succession in your state and any other jurisdictions involved.
The second is success rate. It is important to find a legal team with decent experience in Will dispute cases, but also a firm with a high rate of wins.
Is it expensive to dispute a Will?
Many assume that whenever lawyers are involved there will be big legal expenses to pay.
However, some Contesting Wills lawyers provide their services on a No Win No Fee basis.
This means that if they agree to take your case on, they will only charge a fee if your claim is successful.
They’ll start out by providing a free consultation to discuss your situation in a professional manner. At this stage they will advise you if and how you should proceed.
If you are dissatisfied with the fee after reaching settlement in your dispute, they’re willing to reduce it. The reason they have this unique service guarantee is that they are confident they can deliver a great result for all of their clients.