When dealing with wills and estates legal issues, having a professional legal expert help makes the situation easier and lighter. A family provision barrister who have legal expertise in contesting a will and in clarifying matters of extra judicial settlement among heirs helps family members resolve dispute and save family relationship.
When a person died without a will, the rule of intestacy applies. A family member who’s among the beneficiaries can apply to be the administrator of an intestate person and must obtain formal authority to administer the estate. When some or one of the beneficiaries deemed that the administrator is not doing the right thing, they can only remove the executor or the administrator with an order of the court and they can only obtain court order with the help of a family provision barrister who can act on their behalf as a solicitor.
When making a will
A will is a legal document created by a person who wishes how his assets should be divided among his heirs. A will appoints an executor, which makes sure all wishes on a will are met. A family provision barrister helps draft the will. In making the will, the will maker and his legal counsel should meet personal when instructors are given and the person who makes the will must sign the will in the presence of the legal counsel.
When contesting a will
One can contest a will if he/she falls under the category as specified the Family Provision Act of persons entitled to claim or contest a will. Spouse, children, parents, de facto partners are entitled to claim under the Family Law. Contesting a will is a legal issue that should be dealt with the help of a legal professional, as there are specific grounds to challenge a will. A will and estate barrister can help family members who think they’ve suffered unfair justification from the estate as any challenge to a will is decided by the court.
When revoking or changing part/parts of a will
An entire will or a part or parts of it can be revoked and changed under allowable circumstances. Only when specified under Succession Act, a will can be revoked or be changed and all changes should be under the presence of a legal professional or a lawyer.
When dealing with wills and estates, family relationship may be challenged and only when all legal issues are dealt with legal professionals or lawyers, actions are duly guided by laws and familial relationships.