Probate Litigation Challenges in Victoria
Even if a testator, the person who writes a will, clearly states their intention for the disposition of their assets, challenges initiated by interested parties can lead to probate litigation. State courts will do their best to honor the wishes of a decedent, but when family conflicts arise over asset distribution, it is important to consult an experienced probate and estate litigation attorney.
Whether someone contests the validity of a will or the testator’s mental capacity at the time they wrote it, or issues arise involving conservatorships, guardianships, wills, and the terms of trusts, interested parties may instigate court proceedings to resolve probate litigation challenges in Victoria.
What Is Probate Litigation?
Challenges to a will, greedy siblings, multiple marriages with children, no prenuptial agreement, and dysfunctional families in general all contribute to the need for probate litigation. Common examples of such situations include:
- A beneficiary who argues that the testator was coerced or did not understand what they were signing, rendering the will invalid
- A will with a forged signature or will that is not witnessed
- A disgruntled beneficiary of an irrevocable trust who is not receiving distributions from the trustee
- An estranged relative who challenges an asset disbursement
- A beneficiary who believes an executor or administrator is failing to uphold their fiduciary duties
Probate aims to ensure a will is valid and that its executors distribute the assets as the testator intended. When obstacles arise during the litigation process, a Victoria attorney experienced in inheritance disputes can represent your interests in probate court and seek the best possible legal outcome.
The Probate Litigation Process
When an interested party contests a will, a probate litigation attorney files a petition in probate court. They will then notify the heirs and beneficiaries, creditors, and the executor that someone has contested the will and why. Having received notification, interested parties can respond. This leads to the discovery phase, in which all parties’ attorneys gather, present, and share evidence through interrogatories (written questions to other parties), depositions, formal requests for records or documents, and, when necessary, expert testimony.
You may agree to mediation or engage in settlement negotiations to avoid court. However, if a settlement agreement cannot be reached, the case will proceed to trial. Victoria attorneys can file pre-trial motions to resolve some probate litigation issues or determine the admissibility of specific evidence. When the case is ready for trial, both sides will present evidence and witnesses to support their claims.
The judge or jury will consider the facts and evidence presented to them and apply legal standards to reach a decision. In some cases, parties can appeal an unfavorable case result.
Call a Victoria Lawyer Today About Issues During Probate Litigation
The probate process is designed to be orderly and fair, from filing a will to appointing an administrator if one is not already in place. No matter the situation, parties must go to court if they cannot reconcile their issues through negotiations and settlement talks.
Reach out to our probate litigation attorneys at Texas Will Contests, JV to understand your rights and how we could help you, whether you are a beneficiary, heir, creditor, administrator, or executor of the deceased. Contact us now to receive dedicated support following probate litigation challenges in Victoria.