The introduction of lawyers into any environment is rarely viewed through a positive lens.
Given the conditions in which they are approached, it is perfectly understandable to want to avoid their presence if it can be avoided.
From the costs of the process to the conflict that is sure to ensue, surely it is better for all parties to come to the table in good faith?
In the example of Will dispute lawyers, these operators are tasked with handling deceased estates whereby a client will pass on or has passed on.
They will want to have their affairs in order, but even if that order is apparently achieved, there will be interested parties who might want to fight for their own rights to make claims for various assets.
To offer a proactive and rounded service in this instance, it is worthwhile taking stock of the value these practitioners can provide.
Despite our beliefs and assumptions about the contents of a deceased estate, Will dispute lawyers deal in pure facts. No legitimate challenge can be offered if the document has followed all of the correct procedures, including the involvement of two adult witnesses and the signature of a testator on each individual page. There can be claims that require further investigation in some rare circumstances, but the form will dictate in black and white who is entitled to what and either confirm or deny a claim made by a potential beneficiary.
Will dispute lawyers are often perceived through the lens of conflict when a spouse or next of kin are fighting over the remnants of a deceased persons assets. Yet there will be clients who want to make a proactive decision and seek out their expertise before they die. From the inclusion of insurance policies and allocating properties and vehicles to savings accounts and stock portfolios, these documents have to follow an official process before they can be deemed complete. This will include the presence of two adult witnesses and the signature of a testator on each page among other provisions that have to be respected.
Without the advice of Will dispute lawyers during private consultations, beneficiaries can find themselves in an uncomfortable situation if there is a degree of risk through legal exposure. Should assets have been passed on with bad credit or obtained through illegal means, that can leave the beneficiaries in an unenviable scenario where they have to hand back the property under duress. Solicitors will keep these discussions confidential, but they have to ensure that there is no risk associated for beneficiaries who are entitled to certain assets within the document.
It might be one skill for a solicitor in this field to take emotion out of the equation and assess the deceased estate on merit, but there will be family members who won’t be able to be as calculating and accepting of the terms on face value. This is where solicitors should arrive equipped with the appropriate skills of mediation, alleviating concerns in some corners and perhaps negotiating between beneficiaries if that is agreed to by those individuals who are entitled to key assets. It can be an awkward and fractious exercise, but one that requires an expert practitioner.
Will dispute lawyers understand that they cannot solve all issues or make assumptions on what is best for every single client. This is why the involvement of trusted parties into the process can remove much of the deliberation prior to the signing of the document. So long as they do not demonstrate a conflict of interest in the matter, then a spouse, partner, close family member or friend could ensure that the Will progresses down the right path.