We understand that dealing with a will is a very emotional process, even in straightforward circumstances.The legality of a person’s passing takes its toll, especially when it is complicated by inconsistencies and injustice.
Stephen Wawn’s lawyers will do their utmost to take the pressure off you, by dealing with any will disputes that may arise.
Here are some tips to keep in mind when contesting a will:
- Evidence is integral to the success of any dispute. While collecting evidence may seem completely intuitive, the quality of this evidence is particularly important when it comes to presenting it in court
- It is far better to settle the dispute before court proceedings commence. Although, it is important to ensure that during this settlement negotiation phase, all of the facts are well considered and that the best possible outcome is achieved. It is easy to settle quickly but it isn’t as easy to settle well.
- Affidavit evidence needs to be admissible in court. There are strict legal rules regulating this kind of evidence in court and you will need to ensure that the evidence proving your argument is eligible.
- Preparation is important when it comes to mediation. You should always be more prepared than your opponent. You will also need the best possible legal team representing you to ensure that the negotiation is strong. Keep in mind different lawyers are effective for different roles. A lawyer who excels in court may not be the best option for mediation.
- You will need to be similarly prepared for a court hearing and again you will need to choose your solicitor based on who is most appropriate for this phase of legal action.
Bear in mind that the legal costs involved with will disputes can incur a sizeable fee, which is usually sourced from the estate that you are disputing after the case. This will decrease any amount you stand to gain through the dispute. Ensure that you are prepared and aware of these costs before you launch legal action.
Contact us about will disputes. You can call us on (02) 9328 1000 to organise a consultation today.