PROFESSIONAL ESTATE LITIGATION IN VICTORIA
At The Genesis Law Group, we focus on providing top-tier legal services and specialize in estate litigation in Victoria. We are a team of highly experienced and trained attorneys who navigate complex estate litigation disputes with professionalism and expertise. Being well-acquainted with estate law and committed to client satisfaction, we are a group of accomplished lawyers who aim to give you the solution that best fits your case and protects your interests. We aim to achieve favourable results. The cases we handle include wills, reversals, and elder abuse.
We also offer other legal services and are among Victoria's top providers. Contact us today if you are seeking legal advice and help. Our team ensures that the process is seamless and precise.
FUNDAMENTALS OF ESTATE LITIGATION
Estate litigation occurs when disputes arise regarding a deceased person's estate distribution. When there is a disagreement between the two parties regarding the validity or interpretation of a will, deceased property, or trust, legal help or advice is often required.
Cause of estate litigation—
Will contests: A typical form of estate litigation where one party challenges a will based on claims such as mental incapability, undue influence, or improper execution.
Probate disputes: These involve issues related to appointing an executor or an administrator. They might also include topics such as asset distribution or the accounting of estate funds.
Trust contests: Arguments primarily concerning the interpretation of trust documents, the actions of trustees, or the rights of beneficiaries.
Elder abuse: An elder has been financially exploited, suffers physical or emotional abuse or even is neglected by the caregiver or family members.
While estate litigation is sometimes necessary, disputes can be resolved through mediation and settlement. If both parties agree, this could avoid a lengthy court battle. For more information about the fundamentals of estate litigation in Victoria, please contact our team.
THE ESTATE LITIGATION PROCESS
Estate litigation can be complex and distressing. However, becoming acquainted with the general steps of the litigation process can make the experience less daunting.
Initiation of the case:
Petition or complaint: The complainant asks the judge to settle the lawsuit in their favour. In that petition, they outline the nature of the dispute.
Notice to interested parties: The court notifies heirs, devisees, beneficiaries, and everyone interested.
Discovery:
Information exchange: The involved parties exchange materials and proofs of their statements or arguments. These could include interrogatories, depositions, document requests, and inspections.
Expert witnesses: Parties may hire experts to provide specialized information, such as the valuation of assets or a person's mental condition.
Mediation or arbitration:
Alternative dispute resolution: In some situations, arbitration or mediation is considered a safe option. A neutral third party assists in resolving the conflict by facilitating negotiations between the parties involved.
Trial:
Presentation of evidence: If negotiation fails, the matter can be taken to trial, during which each side will submit evidence and then argue it to the court.
Court's decision: The court studies the evidence and hands down a verdict that settles the case.
Appeal:
Challenging the judgment: If one party feels upset by the court's verdict, they can appeal to a higher court.
WHY CHOOSE US?
The Genesis Law Group is a premier choice for providing estate litigation in Victoria due to our dedication to precision and minute details. Our team has extensive experience and knowledge to handle complex legal disputes. We believe in transparency, and we work closely with our clients to resolve disputes efficiently and effectively.
Contact our team for reliable advice if you seek guidance and legal help in estate litigation in Victoria.
Facing Complex Estate Litigation Issues in Victoria?
We have attorneys experienced in estate litigation and are ready to guide you through the process.