If you decide to contest a loved one’s will, certain steps must be taken and certain rules must be obeyed. Since not just anyone can contest a will, this action is relatively rare, but if you do feel as though a loved one has slighted you, you can file a family provision claim with the court. You have a limited time to do this, so speaking to an attorney as soon as possible is always recommended. Only a competent attorney can determine your chances for success, and since these cases are usually based on “no win, no fee,” you will not have to pay anything should you lose your case. However, the advice and recommendations you receive will be doled out by professionals that have the expertise and knowledge to determine whether or not you should proceed with your case. Many of them will not even take your case if there is no chance of it being a successful outcome. Once a lawyer accepts your case, therefore, there is a good chance that you will actually win.
Start with the Basics
Even if you are unsure about how to get started, speaking with a professional attorney can help you decide what to do first if you ever decide to contest someone’s will. Filing a Family Provision claim in NSW is not necessarily complex, but since it does involve adherence to certain important laws, it should always be done with the help of an attorney. After all, the courtroom can be an intimidating place, and no one should be there alone. Only by hiring an experienced attorney will you be able to feel less nervous and more confident. As your case progresses through the various steps, your lawyer will be by your side from start to finish. Furthermore, a good attorney can also help with the emotional aspects of a family provision claim, as these types of claims tend to cause stress and frustrations for all the family members involved.
Lawyers that specialise in contesting wills are discrete and confidential, so you can feel free to discuss any of your feelings with them before the case goes in front of a judge. Hiring a good attorney also means that you will receive up-to-date and relevant advice, even if the law has recently changed, and some law firms even offer a discount if the client is unhappy with the ruling in the end. Lawyers discuss all fees up front in your first consultation with them, which means that no one will have extreme financial stress added to an already tense situation.
When Only the Best Will Do
When you need an attorney because you are interested in contesting someone’s will, it is best to find one that deals specifically with this area of the law, because only someone in this position will have the experience you are looking for. Since most of us are unfamiliar with the law, this step is crucial if you want even the possibility of being successful. These attorneys will stick with you throughout the entire process, and even if you are unsuccessful with your claim, they can help you decide what to do next.