Estate litigation often becomes the only way to solve the division or assets of an estate. In the event that a decedent dies, an estate needs to pass through a formalized process called probate. The person who executes the estate will look into the will terms and will guide family members or friends in case there is no definite will. They need to petition a court if a probate estate will needs to be opened.
How estate claims work?
Most litigators who look into a property settlement offer their advice to clients regarding their estate matters or that of decedents. Claims that come against an estate are usually handled by different estate lawyers, usually appointed by the parties who do not agree with claims or the terms of a will. Executor or personal representative of a decedent usually approves a claim and that is when the assets are paid out. In case a claim is denied, the creditor needs to raise a petition to the court. This results in an estate litigation case.
This is another category where Brisbane estate lawyers come into play. If a decedent dies and a will is left for probate, an heir or a potential beneficiary might want to challenge the terms of the will. The laws that surround contesting a will usually vary as per jurisdiction. In most cases the person who does not believe in validity of a will usually raises a will contest and such a person then appoints an estate lawyer for the will contest.
Many estate litigation cases are often sent to mediation by the court. These are settlements to settle any estate dispute that arises. Mediation as a method usually involves a certified mediator. He or she will listen to both parties and attempt to facilitate an agreement between them. Courts often encourage both parties to avail of the mediation method. When mediation does not work a court hearing is scheduled. There might be a trial held in order to reach a binding decision.
If you are looking for an estate lawyer, you might refer to a family legal firm such as http://emfl.com.au. These firms usually have legal experts who specialize in estate and family related legal matters. In many cases the legal advisors can provide consultancy on how an issue can be addressed before a legal appointment is taken. That helps clients to understand what course an estate litigation matter can take and what possible outcomes they can expect. This helps them decide on what legal counsel to seek.