Archive for October 20, 2017

Auckland lawyer for will disputes

Is Your Parent’s Will Unfair? You Can Do Something About It


If you are like many people who are unhappy with the will that has been left by your parents, you might wonder what you can do about it. Perhaps you are happy that they had the foresight to create a will, but you are upset about how it affects your interests in your parent’s estate.

There is an uptick of lawsuits over contested wills in New Zealand. Grown children of parents who have been disinherited have been suing over shares of what they feel are rightfully theirs but that their parents did not leave them. Adult children do not have to be disinherited to be upset about a parent’s will.

With the escalating price of houses, especially in Auckland, children might be looking forward to an inheritance so they can buy their own home. There are many reasons why people might feel disgruntled with their parent’s will.

This means that if you feel that the will your parent has in place is unfair, there is something that you can do about it. You must first seek out legal advice from a competent Auckland lawyer for will disputes.

Auckland lawyer for disputing a willAre you certain that the will is truly unfair? You must be somewhat reasonable about your complaint as it may end up before a court. Many cases are settled out of court, however.

You also must consider how the challenge will affect your relationships with the rest of your family. If, after careful consideration, you feel the will is unfair, you can seek legal advice on the next step.

A good estate lawyer will look over the will and offer advice as to whether you have a good case or not. Sometimes the individual’s idea of what is right, or fair may be quite different from what the law perceives as a just outcome. Your lawyer will advise you on this.

The lawyer may not recommend proceeding with challenging a will but on the other hand, that could save you costs thousands of dollars in legal fees, and avoid lots of stress and conflict.

If the lawyer does think you have a case, they will contact the lawyers representing the other side, and present your arguments.

Another option involves the use of mediators that will try to bring you and your family together. You each get to discuss your side and work to reach a compromise. If this process is not successful, the case can be formally brought before the courts.

There have been many cases in the news about individuals who have been disinherited never mind unhappy with their parent’s will.  In some instances, after a long battle spanning decades, the grown child won a share of the estate. However, there are occasions where this happens, but the case is brought to appeal.

Even after a long battle, the disinherited individual still comes out with little to show for their troubles. If you do believe your parent’s will is unfair, seek legal counsel immediately.