How to Make Sure That a Will Is Authentic and True
The last will that a person leaves behind upon their death is a binding document. It has to be followed by the person’s family, even if they do not agree with it, because it is the final word that the deceased person had in regards to their possessions. Much of the time, families are fully happy with the wills, distributing money and assets as the will instructs and moving on with their lives. Other times, though, certain family members may feel like they were not given what they were entitled to in the will; for example, a younger brother could get almost everything while the older brother is left with just a few items. This can cause contention.
In fact, when this happens, the people who feel like they were wronged will often challenge the authenticity of the will. They will claim that it is an outright fake, one that the people who got more – the younger brother in the example above – created so that they could benefit from the parent’s death. Even if they do not say that it is a complete fake, they may claim that the will was tampered with, either before or after the person’s death. When this allegation is made, the case has to go to court so that a decision can be reached. If the will was altered or faked, it does not have to be followed.
One of the main things that a lawyer who offers services relating to probate sydney can provide will do is to make sure that a will is actually authentic and true. If you think that the will was faked, he can work with you to expose the other party and prove to the court that you were wronged. If you are on the other side of things, trying to defend an authentic will from a jealous sibling who wants more of what was rightfully left to you, the lawyer can help show the court that you are legally entitled to what was given to you.
Remember, there is no law that says that a will has to be fair. Your parents could have left 90% of everything to your brother and given almost nothing to you, or it could be the other way around. However, the law does stipulate that they must be genuine, and tampering with it or faking it is a punishable crime.
In addition, you will find particular form requirements that have to be followed in case the will is always to have legal effect, such the place the testator need to sign and date the will. Additionally for the kind requirements, each and every jurisdiction has its very own rules about who can and cannot be a witness to a will. This might incorporate age requirements, mental capacity requirements, and guidelines about regardless of whether or not property can be left to a person who witnessed the will. You can find also guidelines about where the witnesses have to signal the will and whether or not they have to signal it in the presence of the testator or might do so at a later date.
Share this:
Category: Family Finances, Financial Planning, Law, Legal Problems
