How Estate Litigation Lawyers Assist You In Overcoming Litigation Disputes?
Estate litigation is when a member of the family asks the court to rule on whether to enforce their entitlement or right. It entails managing the estates of the deceased. Family provision claims, will challenges, and superannuation issues are frequently involved in estate litigation. Estate litigation also includes requests for restitution for any conduct that has negatively impacted estate value. This blog will highlight the issues faced in estate litigation and how Orcus Law LLP can help you to overcome them.
Reasons For The Rise of Wills and Estates Litigation?
There are several reasons why disputes involving wills and estates arise.
A will must meet very strict requirements and adhere to established procedures in order to be valid. Any person may file a lawsuit against the estate if any of these established conditions are not met. In addition to being an expensive process, estate litigation can be difficult for family members. Once estate litigation begins, the beneficiaries of the estate must wait to receive their inheritance rights until the conflict is settled.
- Cases of Family Provision
A family member of the deceased individual submits a request for a provision in their estate. If a decedent’s child, spouse, or dependent believes they have been unfairly left out of the will or intestate estate, they may file a family provision petition. Even if a deceased man can bequeath their property to anybody they like, it is still important for them to take care of their family.
- Additional Types Of Estate Litigation
- Rectification requests are made to fix any secretarial mistakes in a will;
- Petitions for wills from those who lack the mental capacity to do so, which the court has approved;
- Applications asking for substitute executors if there are any obstacles or excessive delays in the administration of the estate
- Any claim of improper transactions where the beneficiaries allegedly abused their relationship with the decedent;
- Appeals for informal wills that represent wills that were not properly witnessed or notarized;
Making court filings is frequently the only option available to resolve estate-related difficulties. It is obvious that estate planning needs to be done thoroughly, but even though deceased estate litigation cannot be completely avoided, it can be greatly reduced with forward planning and structure.
- Arguments Over Powers of Attorney
Other types of disputes can occur when the power of attorney was awarded unlawfully or when the person who was given it failed to accurately carry out the testator’s wishes. When an attorney behaves illegally or the estate’s counsel declines to act, this raises additional doubts about the validity of the power of attorney.
The attorneys at Orcus Law LLP can assist you if you’re an Estate Trustee looking for clarification of your obligations, a beneficiary wanting to contest a Will, or another person with a stake in how an estate is distributed. Our estate litigation attorneys have knowledge of handling a range of estate litigation issues, and they will fight to safeguard your rights. In both litigation and other forms of dispute resolution, we offer sage counsel and competent representation. Call us at 905-564-8889 or send us a message online to schedule a private appointment to talk about your estate litigation case.