Thursday, August 18, 2011

7 MOST IMPORTANT THINGS TO DO IF LEFT OUT OF A WILL

Australia has an ageing population and having a Will and a Power of Attorney is important for anyone, not just for seniors.

There are countless incidents where the deceased had not made a will, because they did not value their estate's worth. Situations change and if you pass away your partner will be left to care for your children. Also even if your partner is listed on your will if she or he passes away the inheritance will not necessarily reach your children. But how can someone challenge a will and on what grounds?

If you have been left out of a Will, then there are 7 very important things that should happen. These are set out below.

1. Make an appointment to see a specialist estate solicitor (what solicitors refer to as Estate Litigation).

2. Act Fast - Strict time-frames apply, and you may lose your legal rights altogether if you delay.

3. An experienced solicitor will seek on your behalf and obtain a copy of the Will and all previous Wills.

4. An estate solicitor will seek details from you as to your financial position, including your assets and liabilities and your earning capacity.

5. A solicitor experienced in Estate Law will obtain from you a detailed family history concerning your relationship with the deceased.

6. A solicitor will give notice in the prescribed form to the executors or their solicitors (if they have solicitors) regarding your claim against the estate (if you have one).

7. A solicitor experienced in estate law will not waste your time and will not recommend you engage in an Estate Battle if your claim has no merit.

People may challenge your opinion and therefore those who make Wills must be aware and have recollection at the time of making the will, as well as having an understanding of the process. 3 points to understand:

1. Understand the terms of a Will
2. Understand the estate size, type and other specifications
3. Understand the moral obligations of the person creating the will and their moral obligations towards those on the will and yourself


About the Author
This article has been provided to you by the team of specialist Estate Lawyers in Brisbane at Law firm Mitchells Solicitors. The Estate Battles website is owned by Mitchells Solicitors and dedicate to Estate issues.

Information in this article is general in nature and does not take into account your specific circumstances or needs. Please seek advice from a specialist estate lawyer to see what you should do.

This article has been provided to you by the team of specialist Estate Lawyers in Brisbane at Law firm Mitchells Solicitors. The Estate Battles website is owned by Mitchells Solicitors and dedicate to Estate issues.

Information in this article is general in nature and does not take into account your specific circumstances or needs. Please seek advice from a specialist estate lawyer to see what you should do.


http://goarticles.com/article/7-MOST-IMPORTANT-THINGS-TO-DO-IF-LEFT-OUT-OF-A-WILL/5093102/

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