When there is a dispute in the will due to various reasons the need to get a lawyer aboard to get you out mess and get behind the truth. Such cases will be looked into by the estate litigation lawyer ottawa . There are times when conflicts can occur because of a person or even an entity will regarding how the assets of the deceased person are allocated properly. The dispute can be started by the one of the beneficiaries or an outside party.
how disputes take place
It has been observed that these disputes crop up after the death of the person and the estate which is then handled by the administrator. The disputes can arise when it is not known what the exact contents of the will is not understood perfectly. Sometimes the legal terminologies or grief of the deceased person at the onset of death may make the beneficiary lose their capacity to think straight and when the perception dawns, they may find that the will isn’t what they want it to be. There are times when there have been disputes regarding the estate administrator. Take the help of estate litigation lawyer ottawa.
Various kinds of disputes may arise that the lawyer will have to help settle
- There are issues when certain items or possessions written in the will, have caused the displeasure as they would want something else in the will and not what they have been entitled to. This again is a distribution dispute which has to be handled carefully.
- Sometimes the disputes are caused when the deceased would have left behind liabilities which may involve debt on property or taxes which are outstanding.
- There may be a time period after which property is to be handed over to the beneficiary and he/she/they may not be happy about this.
- When there is a distribution of the property to a lot of people, from family, friends and others, such disputes can arise.
- There can be disputes when there is an interpretation of the law or how it is applied to the beneficiary as per the will.
Wills may contain a no contest clause inserted if the state permits it and the and testator wants it so. There are also statements in the will clearly mentioning that the person who is a beneficiary in the will forfeit what they will receive if they are going to contest the will.
Handling of disputes
Since the disputes usually take place after the person is dead, there will not chance of their representation in solving these disputes which have come forward and has become legal issue. The contested wills are usually settled in the probate court. There are special judges in such courts who are appointed to settle will disputes as they are often specialised in this area of law. The process of probate may be a complex one and will have to get into many details before settling it once and for all.
The remedies that have been advocated for will disputes include
- Monetary damages
- Re organisation of the property distribution
This varies from cases to case.