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Dealing with the passing of a loved one is a very emotional process, even in straightforward circumstances. The process becomes even more tolling on people and family where a will dispute arises or someone in challenging a will.

Our will dispute lawyers are experienced in all aspects of will disputes, challenging a will and dealing with estate and will litigation. Through this experience, we have come up with some tips if you find yourself in will dispute.

Tips to keep in mind when contesting or defending a will:

Evidence is integral to the success of any dispute. While collecting evidence may seem completely intuitive, the quality of this evidence is particularly important when it comes to presenting it in Court.

It is far better to settle the dispute before the hearing of the Court proceedings. Although, it is important to ensure that during this settlement negotiation phase, all of the facts are well considered and that the best possible outcome is achieved. It is easy to settle quickly but it isn’t as easy to settle well.

Affidavit evidence needs to be admissible in court. There are strict legal rules regulating this kind of evidence in Court and you will need to ensure that the evidence proving your argument is eligible.

Preparation is important when it comes to mediation. You should always be more prepared than your opponent. You will also need the best possible legal team representing you to ensure that the negotiation is strong. Keep in mind different lawyers are effective for different roles. A lawyer who excels in Court may not be the best option for mediation.

You will need to be similarly prepared for a Court hearing and again you will need to ensure that your solicitor is experienced in litigation and ensure that you and your case is properly prepared for the Court.

Bear in mind that the legal costs involved with will disputes can incur a sizeable fee, which is usually sourced from the estate that you are disputing after the case. This will decrease any amount you stand to gain through the dispute. Ensure that you are prepared and aware of these costs before you launch legal action.

If you find yourself in a will dispute or a challenge to a will, contact our experienced litigation and will disputes lawyers today.

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DISCLAIMER

No part of these notes can be regarded as legal advice. Although all care has been taken in preparing all notes, readers must not alter their position or refrain from doing so in reliance on any of these notes. Stephen Wawn & Associates do not accept or undertake any duty of care to readers relating to any of these notes. All inquiries should be directed to Stephen Wawn & Associates.

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