Types of will disputes in Australia

How do you dispute a will in Australia

After the heartache due to the loss of a loved one, disputes may arise in relation to how their Estate should be shared amongst the beneficiaries. To dispute a will in Australia you will need to contact a will dispute lawyer to begin the process.

It is common under these types of circumstances to seek help from a team of experienced, qualified and empathetic team of will dispute lawyers in order to achieve the best results.

The different types of will disputes

There are many different types of will disputes so make sure that when you are carrying out any proceedings that it is under the right field.

Provision claim

One of the most common forms of will disputes is the provision claim. It refers to people such as children, spouses, partners and financial dependents having the right to challenge a will if they believe they have been left out of the will or have been left an insufficient portion of the estate.

The provision is obtained by either negotiating with the estate’s representatives or by order of the court. Regardless it is important to consult a will dispute lawyer in dealing with this type of matter to get the proceedings correct.

Interpretation dispute

This type of dispute arises when;

  • The will maker’s wishes are not clearly stated
  • The will maker has assets that aren’t addressed in the will
  • The will maker fails to adequately address held assets in their will

The interpretation of the will is the difference between you getting what you are intended to receive and getting nothing at all.

It’s important to address interpretation issues as early as possible where you would contact an executor about your interpretation of the will and ask if they agree.

If there is a disagreement you will have to file for a court application where you will need to seek a will dispute lawyer to represent you and present the facts to the best of their abilities in the eye of the law.

Capacity dispute

You are able to challenge a will if you believe that the will maker didn’t have the mental capacity at the time of creation. For a will to be valid you must be over the age of 18 years old and have the appropriate mental capacity of how a will is made and what it involves.

Head injuries and other forms of conditions that impair cognitive function are all grounds to challenge a will. You have to show evidence that the person lacked the capacity at the time of creation. If you someone is challenging a will that you don’t believe needs to be you must seek a will dispute lawyer immediately to get the facts straight.

Under the influence dispute

When someone is put under pressure to alter their will so that their true intention isn’t reflected you can dispute it. Examples would include a partner or spouse persuading the will maker to exclude the children or one sibling persuading the will maker to exclude the other siblings.

If you can prove that the will maker was influenced it can be set aside and disregarded. This type of dispute can be difficult to prove so make sure to collect all necessary pieces of evidence before they’re lost or destroyed.

Executor dispute

This type of dispute relates to when the executor of an estate acts inappropriately in respect to the administration of the estate.

If you are the beneficiary of a will or estate and you believe that the executor has acted inappropriately, you have the right to have them removed and seek compensation for any loss that you have suffered from their conduct.

Regardless of what type of dispute you may have it is important to seek a trustworthy and reliable will dispute lawyer. This way you can be sure that you will have the best chance of receiving what you are entitled to.

 

Everything you need to know about separation

Taking a break from a relationship (either a de facto one or a marriage) is known as a separation in Australia. The amount of time spent apart is up to the people involved and is a little different for everyone. Sometimes couples like to stay under the same roof while they are taking some time for themselves, which can be ideal due to financial issues or wanting to stay in the same house for any children that may be involved.

Other times, one person may move out of the home for a short period of time to either rent or buy elsewhere. It is not uncommon for one party to stay with friends or relatives. What many people don’t know, is that it is imperative to seek legal advice even when just separating. There are many reasons for this and a family lawyer is the best person to receive support from. Family law covers separation, divorce, spouse maintenance and other family-related matters. When a couple first decides to part ways, an attorney will likely advise that they record this separation in writing.

This is because if a couple wanted to divorce down the track, they will generally need to be separated for at least a year and this needs to be proven. It is not uncommon for people to not have any evidence for their time spent apart and can find it hard to apply for divorce down the track. A family lawyer can advise on how to best document a separation, even if couples do only think that it will be short-term. There are also many other factors that need to be considered when a couple decides to spend time apart, and this article will take a further look into this as well as how a family law attorney is able to help.

There are many practical things that need to be addressed when two parties are looking to part ways, even if this time apart is only short-term. If there are any joint bank accounts, it needs to be known if they are still going to be used. Both parties need to decide where they are going to live during this time and they need to figure out who is going to take care of the children and where the children are going to stay.

Bills will still need to be paid during this time, so it is important to discuss any mortgages or rent that may need to be covered. Dealing with stress and grief is also important. Some people like to organise couples counselling during this time or may like to see a counsellor or Psychologist individually.

Whatever the situation may be, a professional attorney is able to advise both parties on how to best move forward. As ending a relationship can be an already stressful time, it makes a huge difference having the support of a professional. Many people report feeling safer knowing that they know what their rights are legally and understand how to act smart to get the best outcome possible.

If the parties involved do wish to proceed with a divorce, the lawyer is able to help with the application process and can begin to help with sorting out the division of possessions and child custody negotiations. A lawyer can further help with organising spouse maintenance payments if need be as well as documentation that may be needed throughout the process. At the end of the day, it can sometimes be a confusing process when going through a separation because the law isn’t necessarily straightforward. Relying on someone with experience and insider’s knowledge is a great way to not only feel supported but also make the process feel as easy as it possibly can.

Everything you need to know about prenuptial agreements

While most people have heard of a prenuptial agreement (a prenup), many don’t actually know what this entails. In Australia, a prenup is a legally binding contract that is created by two people who are about to get married or who are in a de facto relationship. The agreement is specially created based on the individual’s requests and needs, so no two prenups are the same. There are many reasons why couples choose to go down this route but mostly because both parties want to feel safe within their relationship. It is also common for people to request a legal agreement when one person in the relationship is more well-off than the other person when entering the relationship.

For example, one person may own a lot of property whereas the other person owns none. Others may wish to protect certain possessions that they want to hand down to their children, and others simply want to ensure that if something does go wrong in the future, the process of ending the partnership is as clear cut as possible.

Seeking a family lawyer to help with such an agreement is very important as they are able to not only help with the paperwork itself, but they can give the two parties involved in-depth information about the prenup. For example, many people don’t know that a prenup isn’t the be all and end all. They can be overturned in court down the track. Furthermore, some don’t know what a prenuptial agreement can actually cover. A great family lawyer will advise that it can cover the division of assets when a break-up occurs such as property, cars, cash, and possessions. It can also look at businesses, investments, inheritance, superannuation, debts and pension entitlements. Here is a closer look at prenuptial agreements in Australia, and how a family lawyer is able to help.

What many don’t know is that it is important to factor in children to an agreement, even if there are no children currently in the picture. It is not uncommon for couples who thought they would never have kids to have them later in life, and then not feel protected if the relationship at hand ended. A prenup is able to include child support options, and how the division of assets would occur if there was a child or children in the picture.

Again, a professional attorney is able to help with this and can give advice on what is best to include in the agreement for the couple. It is important to know that despite an agreement, a court is able to overturn this in order to give what they think is best for the child or children involved. It is also important to understand the scenarios in which a prenup can be overturned. For example, if one person did not accurately disclose all of their assets upon entering the relationship and creating the agreement, the courts may see this as fraud and overturn it.

Similarly, if a scenario has occurred that is not included in the agreement (such as the birth of children), again the courts may look at overturning it. It is also crucial to ensure that the agreement is an actual legal document. Couples cannot simply write their wants and wishes on a piece of paper at home and then decide that this is legally binding. Again, this is why it is so imperative to seek the support of a family lawyer. All in all, there is certainly a misconception about how prenuptial agreements work due to American televisions and movies. The best way to get all of the correct information is simply by hiring an attorney.

Everything you need to know about child custody

When ending a long-term relationship, whether that be a de-facto relationship or a marriage, it can be an extremely difficult time. This can especially be the case when there are children involved. Parents often feel guilty when they are separating and have often stayed in the relationship way longer than they should have purely for the sake of the children.

child custody

Parents often do everything in their power to shelter their kids from the whole experience while still keeping them informed as much as possible. This can be tricky when emotions are high and there are lots of things to figure out such as divorce application forms, child support payments, the division of possessions and much more. It is not uncommon for two parties to not see eye to eye when it comes to ending a relationship and this is where the legal system will often step in.

There are some lucky people out there who manage to settle everything out of the courtroom, but this is extremely rare. Because of this, it is important for both parties to seek professional help in the form of a family lawyer. A family lawyer is a person to go to when wanting to find out how to legally separate, divorce and decide where the kids are going to live and for how long. For example, some parents are happy to share their children half-half, whereas others will decide that the children can stay with one parent every second weekend. It is important to have this agreement in formal writing so both parties can be crystal clear on the requirements, and the children will be able to thrive in a stable environment. Here is a further look at child custody in Australia and how a family lawyer is able to help.

When there are disputes surrounding where a child or children are going to live, there are usually two hearings. It is important to have a reliable and reputable representative for these hearings. The first is an interim hearing and the second is a final hearing.

The first hearing usually occurs a couple of months after an application has been filed with the court. A family lawyer is able to help with this application process and to explain what type of paperwork is needed. In the interim hearing, a judicial officer will hear a submission from both parties and will decide on an arrangement for the children involved until the final hearing. Many different things can factor into the outcome such as if there is abuse involved. The final hearing will require that anyone who has given a sworn statement needs to attend. When it is needed, a Psychologist or counsellor will be spoken to in order for the final decision to be made. After considering all of the evidence and information, the judge will then make their final decision.

This decision will be held in place until the child turns 18, unless otherwise stated by the court. This whole process can be a daunting and stressful process as the courtroom can be a bit of a scary place. In order to have the desired outcomes met, it is crucial to deal with an attorney who has experience in this field. They will understand the language and will know how to best move forward considering everything involved. If there is ever a time where an appeal needs to be made, they are able to help with this and are also able to help organise affidavits. Whatever the severity of the case, or whatever the situation may be, there is always a family attorney out there who is able to help and can best achieve the desired outcome.

 

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