Most people leave behind a will for their loved ones, and even though most wills are carefully planned and contain everything that is important to the family, there are times when relatives wish to contest a will after a person dies. When this happens, there is sometimes a public trustee that is assigned to handle the contestation, making it a little easier on the family members because there is a third-party representative with no vested interest in the outcome, meaning they can be more objective throughout the process. The courts have consistently tried to honour the deceased’s wishes if at all possible, but when no agreement is offered and the relatives still want to contest, help from the state is often required.
Help From the Very Beginning
As soon as you decide to contest someone’s will, you should seek out an attorney who specialises in this area of the law. They can help you through every step of the process, explaining everything in detail and preparing you for what is going to happen next. A public trustee is sometimes appointed as the attorney for the family, in which case this person is put in charge of most financial matters, including paying bills, collecting income, managing properties, and investing surplus savings. This is called an active assist, and it happens through a power of attorney. There is also a future assist, which is a type of “what if” power of attorney and is used only when needed. When contesting an estate managed by a public trustee in NSW, certain steps must be taken, and if you meet with an attorney, that person can take you through each of those steps so that you know what is about to occur.
Disputing a Will the Easy Way
Hiring an attorney who specialises in contesting wills is the best way to handle this situation. The right lawyer can help you fill out and submit paperwork, understand the law a little better, and most of all, give you the professional advice you need once you decide to contest a will. Contesting a will often happens when certain circumstances exist, such as when an unfair distribution of assets has occurred, doubt regarding the deceased’s capability to write a will, believing the deceased was unfairly influenced by another individual, and if the deceased’s instructions are vague or unclear. Again, only a competent attorney can tell you if your case has any merit, so as soon as you decide you want to contest a will, you should meet with a professional attorney so that you can proceed to the next step. Not all desires to contest a will are successful, but speaking to a lawyer is the smartest option for you if you are considering this action.