Category Archives: Legal

lastwillWhy Would You Need A Will Lawyer?If you are in the process of writing a will or you have been thinking that it is probably something you should get started on, you may have been wondering who is able to help you with the legalities of this. Unfortunately, the process of leaving someone your home, business, investment or even personal items can be a highly complex and confusing task, so it is always best to ask for the help of a will lawyer. There are a number of areas that they will be able to assist you with:
• As with anything to do with the legal system, the process of writing a will is likely to involve a number of legal terms that you may have trouble understanding or interpreting. A will lawyer, however, can answer any questions that you may have about the process, as well as explaining complex terms.
• If you have a large number of assets (such as property, cars, businesses and so on) or you have a large amount of money, anyone who receives an inheritance from you may find that it is subjected to taxes. A will lawyer, however, can help you out immensely in these situations (as well as finding out ways to dodge these sorts of taxes).
• Some elderly people use their wills to outline long term plans for certain beneficiaries (such as an incapacitated child or grandchild whom they are fully responsible for). A will family lawyer can help you draw up this plan so that it is a legally binding document, meaning that your beneficiary will get the care they so desperately need.
• If you have a feeling that some members of your family or some of your friends may try to resist or even that you were not sane you signed it, a will lawyer can help you keep these issues to a minimum. They may suggest that you include a copy of a psychiatric evaluation with your will, for example.
• When will disputes arise between the beneficiaries of a will, a will lawyer can work to solve these disagreements in the most professional and legal manner possible. They will also help beneficiaries to change the titles of any assets into their names (a complex legal process in itself), as well as helping with inheritance tax information.

As you can see, there are a number of reasons that could require you to seek the advice and assistance of an experienced will lawyer. Whilst there a number of other people whom you can go to for advice regarding the drawing up of a will, it is always recommended to visit a will lawyer, as they have the required expertise in this area of law to help you out the most.

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Knowing what to expect from your family lawyer helps a lot if you’re getting the services due you. If you’re challenging a will, here are things your family lawyer should be doing to ensure you’ll get what you’ve been expecting.

Gives you full details on the grounds that apply to your case

Your family lawyer should be able to give you the details of your case. He should be able to explain the grounds of challenging a will and what applies best to your case. He should be able to discuss with you the validity of a will such as if the deceased was unduly influenced in making the will; if the deceased did not sign the will or if the will was revoked or made later by the deceased. Your lawyer should be able to advise you on the most appropriate grounds on which you can challenge a will or defend a will if you’re acting as the executor or beneficiary.

Advises you on the success of your claim

The best person to consult if you think you’re entitled to a claim provision in a will is a family provision lawyer. He could help you understand the circumstances when a person may have a claim under family provision act and under which circumstances and facts you can make the claim. He should be able to discuss to you the timing of filing a claim and the circumstances of late application. He should also be able to discuss effectively the grounds to make a claim or in challenging a will such as the nature and duration of your relationship with the deceased, your contributions to the deceased’s estates; promise made to you by the deceased, the size of estate and the financial needs of other claimants. Understanding these grounds will help you assess the success of your case.

Delivering his expertise at competitive rates

Most family lawyers working your claim on a Succession Act offer obligation-free or a no cost initial legal advice and your lawyer should be offering this.  If you’ll be getting his legal services, he should be offering his services at competitive rates and explain if you’ll be able to get your legal cost from the estate or advise you at the earliest possible time if you can’t obtain legal costs from the estate based on the merits of your claim. He should be able to explain all the circumstances where to obtain all of your costs.

Working with a lawyer helps in ensuring you’ll be on the right track when you’re challenging or defending a will and he should be at your side all the way in obtaining justice and what’s rightly yours.

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