H+A Legal – professional will dispute lawyers
Trust us to be your ally in safeguarding your interests and securing a positive outcome. H+A Legal offers specialised assistance in resolving Will disputes. When conflicts arise over the distribution of assets or the validity of a Will, our skilled lawyers step in to provide comprehensive guidance and representation.
We understand the sensitive nature of these matters and strive to achieve the best resolutions that protect your rights and interests.
A will lawyer can be essential in various situations, such as:
- Disputes regarding the validity of a Will
- Contesting or challenging the terms of a Will
- Family provision claims
- Protecting assets through estate planning
- Appointing Executors and managing their duties
Our will and estate disputes lawyers can assist in:
- Drafting, contesting and challenging Wills
- Drafting a Power of Attorney or Enduring Power of Attorney, in which you nominate an attorney to manage your legal and financial affairs
- Drafting an Enduring Guardian to manage your health and medical affairs
- Applying for probate/ letters of administration
- Managing will disputes
- Appointing Executors
- Family provision claims
- Protecting your assets through estate planning
- Family and testamentary trusts
The Importance of having a Will
A properly drafted Will is important to ensure your assets are distributed according to your wishes. Without a Will, your estate will be divided according to intestacy laws, which may not reflect your preferences and can cause unintended consequences for your loved ones.
A well-crafted Will helps minimise family disputes by clearly outlining your intentions and reducing ambiguity. At H + A Legal, our experienced lawyers work closely with you to draft a Will that accurately reflects your wishes, protects your assets and complies with legal requirements. We provide tailored advice to protect your interests and secure your legacy.
H+A Legal, your trusted partner in legal matters
Beyond Will and estate matters, we offer a range of services to address various legal challenges and commercial disputes, including property disputes, insolvency, professional negligence, contract breaches and more.
Trust us to provide the expertise and support you need to overcome legal obstacles and achieve your objectives. Contact us today to schedule a consultation and discover how we can empower you to succeed in your legal matters.
Common queries
What happens if someone dies without a Will?
If someone dies without a Will, their estate is distributed according to the intestacy laws of the state or territory where they reside. This means that the government decides how their assets will be divided among their family members, which may not align with their wishes.
What is the role of an Executor, and how do I appoint one?
An Executor is responsible for carrying out the instructions outlined in a person’s Will after their death. Their duties include managing the deceased’s assets, paying debts and taxes, and distributing the remaining estate to beneficiaries.
You can appoint an Executor by naming them in your Will. It’s essential to choose someone trustworthy and capable of fulfilling the responsibilities.
Do I need a lawyer to draft a Will, or can I do it myself?
While it’s possible to draft a Will without a lawyer, seeking legal advice can ensure that your Will accurately reflects your wishes and complies with legal requirements. A lawyer can also guide estate planning strategies to minimise taxes and avoid potential disputes among beneficiaries.
What is the difference between a family provision claim and a Will dispute?
A family provision claim is a legal action taken by an eligible person who believes they have not been adequately provided for in a deceased person’s Will or under intestacy laws. It seeks to obtain a larger share of the deceased’s estate.
On the other hand, a Will dispute encompasses any disagreement or challenge regarding the validity or interpretation of a Will.
What steps can I take to prevent disputes over my estate after I pass away?
To minimise the likelihood of disputes over your estate, you can take several proactive steps. These include clearly outlining your wishes in a well-drafted Will, regularly reviewing and updating your Will as circumstances change and your asset pool grows, communicating openly with family members about your intentions and seeking legal advice to address potential areas of contention.