The rationale behind introducing family lawyers for a Will dispute only really become clear as the talks begin to breakdown and the animosity builds.
With beneficiaries arguing back and forth about who is entitled to what and who owes what to cover certain debts, it makes sense to introduce a professional independent party to the process.
Allowing All Parties to Open a Discussion
One of the key reasons why constituents will contact a family lawyer for a Will dispute is to ensure that all parties have the chance to air their grievances and be given the opportunity for an open and honest dialogue. Although that would be the expectation without legal advice, it can be a challenge for factional family members to officially decide on a place, a time, and a framework.
Separating Fact From Fiction
A common issue that executors and beneficiaries can have with this process is understanding exactly who is entitled to what. By calling upon family lawyers for a Will dispute, these specialists will be able to oversee the terms as stipulated by the testator. Once an agreed set of facts about the document has been established, it is easier for all participants to push forward to the next phase.
Those representatives who cover Will disputes won’t be motivated by internal conflicts or seeing one party secure more assets over another. Their role is to deliver a service that is 100% independent and transparent, offering men and women the opportunity to have their voices heard and to discuss the Will on its merits. This is beneficial for those families and groups who continue to hit a brick wall with their demands, hoping for someone outside of the process to provide clarity on the matter.
Establishing a Timeline
When it comes to logistical frustrations with these deliberations, lawyers for a Will dispute will come into the picture and outline a firm timeline. The clock will be ticking to ensure that probate status is reached and then members will want to pass on assets, cover debts and move on with their lives without the matter creating further friction and animosity. Without these provisions put in place, family members can be debating and in-fighting for years to come.
An example that regularly emerges for specialists in this domain is seeing family members, partners and other participants close to the testator challenge the terms of the document. This is a case where an individual believes that the document was unfair, either removing them from the provisions entirely or in part, arguing that its validity should be challenged. Family lawyers for a Will dispute will be called upon to determine this assertion on its merits.
Contests are another level entirely for those who seek to speak with family lawyers for a Will dispute. In this example, members will argue that the document is invalid and that it was not signed in good faith, going as far to say that the testator was not of sound mind or body. Once more, this presents an issue for beneficiaries and executors who require the intervention of experienced professionals.
Ensuring a Sound Conclusion
Amid all of the back and forth about the terms of the document, solicitors in this field need to ensure a sound conclusion for all parties. Debts need to be cleared, ideally paid for from the deceased estate. Then the assets need to be passed onto the beneficiaries as the representative will work in close quarters with the executors to see that their duties have been completed satisfactorily. That is where lawyers for a Will dispute will thrive, ending a process that can extend well beyond its expected lifecycle.