A death of a family member is always a distressful period to go through, especially when he or she has left behind an estate to manage. In these cases, there is a risk for the will of the deceased to be challenged by other beneficiaries or individuals who believe they have valid claims. As a beneficiary or Executor of Will, it’s important that you know your rights and responsibilities in carrying out the will, and what to do in the event that the will is challenged.
Defending a will when it is contested or challenged is no easy feat. Thankfully, there are estate lawyers who specialise in defending a will in Melbourne. When it comes to will defending, Hentys Lawyers provides a “No Win No Fee” offer that benefits the bereaved. Hentys Lawyers are a group of highly specialised, professionally skilled estate lawyers who specialise in estate-related cases. These lawyers guide and educate you on how to defend a will with a 95% success rating. Hentys Lawyers’ estate lawyers guide clients through every step of the way, ensuring that you get all the knowledge you need to make an informed decision with regards to will defending.
Defending a Will in an Estate Dispute
If you find yourself an Executor of a Will when a loved one passes away, you must know your administrative responsibilities and legal duties. Oftentimes, the Executor is a family relative who may not have enough legal background to carry out such responsibilities, that’s why it’s important to have a good idea on how to defend a will, especially if it is contested or challenged by other beneficiaries or individuals who have valid claims to the estate. One of the best strategies when faced with will defending is to obtain the professional assistance of an estate lawyer who specialises in defending a will. He or she will be able to provide you with sound advice and assistance during this challenging time.
Your Role as an Executor of a Will
As an Executor of a Will, you are now responsible for several legal duties, including protecting, collecting, and gathering the assets of the estate and providing an inventory to the Supreme Court. You also need to make sure that all beneficiaries and other interested parties are notified of the will, pay off all estate debts and outstanding liabilities, and manage the costs involved in the administration of the estate to the Supreme Court. All these tasks may be daunting, which is why you should consult an estate lawyer to assist you in carrying out your responsibilities, which also include the application for the Grant of Probate or Letters of Administration to the Supreme Court, the finalisation of income tax returns of the deceased person’s estate, and the distribution of the estate as indicated in the will.
Why Must You Defend a Will?
The role of an Executor of a Will also involves will defending, which means that you must protect and defend the will in the event that an individual, beneficiary, or family member challenges the will. This may occur when they feel that they’ve been unfairly left out of or poorly represented in the will or if the deceased did not provide what was promised to them. As an Executor of a Will, it is your responsibility to adhere to probate procedures. Failing to do so may cause other beneficiaries or individuals to take legal action against you.
Will Defending: First Steps
One of the primary steps in defending a will is to determine the eligibility of the individuals contesting the will. If their claims are found to be valid by the estate lawyers, you have to determine if the Will Challenge or Will Contest was made within the specified time limit for it to be filed in the Supreme Court. Estate disputes can last for weeks or months, depending on its complexity. It is therefore important to note that if you do not know how to defend a will or have limited knowledge on the matter, to seek legal counsel and team up with estate lawyers that specialise in defending a will.
When it comes to defending a will in Melbourne, Hentys Lawyers extends a “No Win No Fee” offer to Executors of a Will. Their highly skilled team of estate lawyers are ready to provide you with advice on the financial size of the estate, the evidence required to defend or reject a claim, the financial needs of the claimant, and the relationships between all the parties, among other important details. Hentys Lawyers can also assist in preparing affidavits, records, and other supporting documentation required by the Supreme Court, checking for claim validity and claimant eligibility, and advising you about Court rules, procedures, and timetables with it comes to settling or defending claims. If you are defending a will in Victoria, team up with estate lawyers who offer innovative solutions that add value to your life. The team at Hentys Lawyers are continuously setting new standards in legal practice and achieving dynamic results thanks to their leadership and experience in the field of will disputes. For more information on how estate lawyers can help ease the burden of defending a will, visit Hentys Lawyers today.
Don’t forget to check out our other blog; Estate Disputes: Who is entitled to see the Will?