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Law 0 comments

What are the reasons for contesting a will?

Lucca Meyer

November 19, 2021

Whenever an individual dies and they have a last will, it is submitted to the judge’s or surrogate’s court for the probate proceeding. The probate proceeding results determine if the will is valid or not. In case the will is valid, it is thereby considered to be admitted to the probate and therefore, the terms of the will must be followed. This means that the estate assets that are included in the will are shared according to the terms of the wills.

Not every time the will is considered to be admitted to probate. At times the will is not valid and therefore, the people affected by the will need to contest a will. However, before the will is said to be admitted by the probate, some individuals are asked to appear in court so that the facts and situations surrounding the will preparation and signing are investigated. In case these circumstances and facts are questionable then the will must be contented.

What is contesting a will?

Contesting a will means that heirs, family members, beneficiaries, and dissatisfied individual objects object to the validity of the will. This happens when the above are not content with the will or they feel that they were not favoured by the will. For you to contest a will, you must have a lawyer who can help you with the process of contesting a will. Contesting a will is usually a part of the family law which means that you need to look for a family lawyer who specialises in this field to help you handle the case in the most appropriate manner.

Reasons why you could end up contesting a will

There are certain reasons why you could contest a will. If you want to know the legal grounds on how to contest a will, read on:

  • The will was improperly executed

One of the reasons why many people end up contesting a will is because the will was not properly executed depending on the laws of a certain location. For a will to be termed as properly executed, it should meet some requirements such as.

The testator must;

  • Sign at the end of the will document
  • Sign the will only while in the presence of two witnesses
  • Declare to the witnesses that the document the individual is signing is the will
  • The witnesses must also sign the will when the testator request them and in the testator’s presence
  • Undue influence

 The other reasons why people could be contesting a will are because of undue influence. At times, the persons affected in the will may persuade the testator to change the will in their favour but at the expense of the other beneficiaries, family members, or heirs. In most cases, the person who exercises undue influence creates a strong relationship of reliance, trust, and confidence with the testator for them to feel obliged to their requests. In case of facts are showing undue influence to the testator the will is ways contested.

  • Unclear will

When the testator leaves a will that is not clear, there are no instructions on how the properties should be administered. There should be contesting a will for the law to help the involved to come up with clear instructions for the properties administration.

  • If the deceased did not have a sound mind

A will must be written, drafted, and signed when the testator is of sound mind. In case you feel that the deceased did the above when they were not of sound mind, then contesting a will be allowed. However, you have to show proof that the deceased did not have a sound mind.

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Law 0 comments

Mistakes Lawyers Can Possibly Make

Lucca Meyer

January 27, 2021

When you require a lawyer, you will always look for reputable lawyers. This is to make sure that you get one who can never make any mistakes when hiring them. However, lawyers are also human beings, and it’s possible for them to make mistakes too.

Therefore, you should look for a lawyer who has made mistakes in the past and have learned from their mistakes. For this reason, they will be able to guide and offer you the help that you need when you hire them. However, as the client, you must know the lawyers’ mistakes to talk to them in advance and work with your lawyers to avoid those mistakes. Some of those mistakes include:

Delivering late

This is one of the more common mistakes among many lawyers. This is because lawyers have many clients they have to work for, and hence you will not be the only one. They have limited time to do all the work they have to do for all their clients.  However, every client will want the lawyers they will be working with to ensure they deliver in time. For this reason, you have to ensure that you sit with the lawyers and agree on the time that they should make their deliveries. Also, ensure that you have set smart deadlines.

Failing to update clients or updating them at the last minute

As mentioned earlier, lawyers have so many clients that they offer their services to. As a result, it is very hard for them to deliver their services equally and efficiently. For this reason, the lawyers will not be able to update all their clients while others will do it, but they will update them later than they should do it.  This is very wrong of the lawyers since it can make the clients lose on a case they were preparing for. 

Accepting a deadline without knowing deliverables

When you discuss the dates when the lawyers you have hired should deliver or even update you, the lawyers have a say here. It would be best if you did not make the decisions for them. Instead, the lawyers should think about the deliverables before they decide on whether the date suits them or not. However, you will find lawyers who will agree on a certain date without knowing the deliverables expected.

Failing to document the scope when deciding on the charges

When you agree on the amount of money the lawyers will be charging you for the services they are offering you, there are so many determiners involved. Therefore, the lawyers have to ensure that they have documented the scope and planned to give you the correct amount you should pay. Some of the lawyers are so greedy that they will forget to document scope when deciding on the costs to charge you.

Failing to communicate adequately and effectively

Adequate and effective communication is essential between the clients and the lawyers. Therefore, you have to ensure that you are looking for a lawyer who will be communicating with you when working on your case. When there is effective and adequate communication, it is easier for the lawyers to gather all the information required for the case at hand. You should not expect all the lawyers Gold Coast to communicate effectively and adequately since this is a mistake that some of them will make.

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Law 0 comments

Why every employee in Melbourne requires an employment attorney

Lucca Meyer

July 26, 2020

When most of the employees are in their workplace, they forget that they are in business just because everyone is friendly to them.  This is why most of them find themselves having terrible days, yet they have rights. Most employers want to be kind to you because they want to take advantage of you. They will ensure that they sweet talk you just because they want to exploit you for some time. You have to be very careful when you begin working for such employers. Others will also become very cruel to you for no reasons. Employees in Melbourne who know the advantage of having employment lawyers do no have some of these challenges. Their places of work are very fulfilling. As an employee, you have to be sure that you have an employment lawyer so that you can be very safe and happy in our place of work. The following are some of the reasons why an employment lawyer is essential in the life of every employee.

Employment lawyers ensure that your employer helps you succeed

Have you ever worked for employers who do not want you to be successful? All they want is to see you fail yet they are using you as their stepping stone to success. A good employer will want the employees that he or she has to succeed. However, they are those that are not for the success of their employees. When you have an employment lawyer, they will ensure that all your rights are upheld. Consequently, you will be protected by the employment laws as you work for your employer.

To ensure that you are treated fairly

Most of the employees are also mistreated when they are in their place of work. Just because they need a job to earn a living, they have nothing they can do for their employers. When you have an employment lawyer in Melbourne,  they will ensure that you are treated equally and fairly since you have a right to equal and fair treatment by your employer.

Employment lawyers ensure that you work in a toxic-free environment

One of the causes of deaths of most employees in Melbourne is working in an environment that is toxic. When you work in a very toxic environment, you will be exposed to very harmful conditions that may lead to hazardous diseases. You have to be sure that you have an employment lawyer so that your employer cannot expose you to the toxic working conditions.

To avoid sexual harassment and discrimination

Other employers will harass their employees sexually, while others will discriminate against them because of their sexuality. Having an employment lawyer will ensure that your employer respects your sexuality at all times. For this reason, you will never be abused or discriminated against in your place of work. In case you have also been abused sexually in the past when you hire an employment lawyer in Melbourne, your employment lawyer will help you file a lawsuit, and also win it so that you can be compensated.

To avoid illegal job terminations

Employers tend to think that they can terminate their employees at any time they feel like. This is against the rights of an employee.  Employment lawyers will help you in ensuring that the termination documents are reviewed and also ensure that you are not terminated illegally. When you also have an employment lawyer, no employer will terminate you because of reasons like your race, religion or even any medical condition.

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News 0 comments

Tips on Choosing the Right SEO Companies

Lucca Meyer

July 14, 2020

Working with the wrong SEO companies can suck, big time. Breaking up with an SEO company brings on a lot of regrets ranging from loss of energy, time, and money.

The good news is that costly break-up regrets can be avoided by choosing the right SEO companies to partner with. However, choosing the right one is often a big issue.

Consider yourself lucky with the tips provided below to enable you to look for and choose a reliable SEO company.

What should you look out for to get the perfect SEO company to partner with? The guideline below enables you to choose right even on your first try.

Figure out your SEO goals

Improving your online presence needs to be figured out for you to determine the right SEO company to partner with. You need to figure out if you only need SEO or need to construct a new website. A digital marketing analysis can help in case you’re unsure about the areas to improve. Focusing on beneficial areas can be provided by a reputable SEO company.

Measure and track all the data of your business

An SEO company that can measure and track all the data of your business is the best one to go for. A good SEO company will track and measure all contact forms, click through rates, phone calls, site visits, and more. Results and not gut instinct should be the basis to implement the best strategies for your business.

An SEO company with great reviews and testimonials

Reviews from people offer the smartest way to get unbiased opinions about an SEO company. Exploring the site of the company or searching for an SEO company on sites such as Yelp or Google can provide you with testimonials and reviews from past clients.

Submitting a form online or calling an SEO company is also another great way to get more information about the way they work. Requesting a reference from them is seen as SOP by reputable SEO companies. Take time to get in touch with a referral to ask their level of satisfaction with the company.

Ask for a consultation

Asking for a consultation is a privilege good SEO companies are willing to provide. They will only be too happy to discuss some SEO strategies they have used on similar businesses as yours. Getting the feel of the passion and creativity of an SEO company is achieved with a consultation.

A consultation is also the best way to find out if both of you are on the same page. A relationship built on trust is important in your search for the right SEO agency. How well did they explain the ways they could do for your business? Or are they trying to oversell?

Know your budgetary limits

Planning your budget right off is the most sensible thing before you start searching for the right SEO company. A variety of monthly rates or package deals are some of the things offered by a good SEO company to make things easier for their clients. Choose the package that meets your budget AND your SEO goals.

A SEO company that delivers the best that they can is what you should be looking for. They believe in forming long-lasting relationships with their clients and deliver on the claim.

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Law, News 0 comments

5 Things To Think About Before Getting a Divorce

Lucca Meyer

April 11, 2020

Are you unhappy with your marriage? Is it all over? Now, you are thinking about getting a divorce, right? It is your right to get a divorce. If two people are feeling miserable with each other, they should part their ways. Sure! but please do not move that fast. Why? There are some important things which you have to consider before your time. Here are a few questions which you need to ask yourself:

Are you thinking about chaos and panic?

We know that if you have considered getting a divorce, there is something so critically abnormal going on in the marriage that you had to take such a harsh decision. There are many times when you will be going through “what ifs”. Is it the same time? Please know that this just a phase. There are a number of things which can be done by both parties which can save the marriage.

What will happen after I file the divorce?

When you will file the divorce, definitely you will have a backup plan. Whether you are a man or a woman, will you be able to proceed without your spouse? more so, the terms and conditions based on which the divorce had been filed, do they work for both of you? If not why so.

Is there a divorce lawyer involved?

If you are getting a divorce, both parties will need lawyers. Hiring divorce lawyers adelaide is one of the best things you have done to yourself. Now everything can be done according to the law preventing the ugly fights. More so, a divorce lawyer is very important since children might be involved in the marriage. Both parents will not want the children to suffer through this worst time.

Did you determine the custody and financial goals?

One of the most important things to do is discuss these two issues before time. Taking them to court is important but sit with your lawyers and devise a way out. There are many ways through which such critical issues can be sorted out correctly.

Have you made the necessary purchases and sales?

When you are in the divorce process, your accounts and property might be taken under custody as per the requirement of the law department. Therefore if you want to purchase a car, buy it or sell a house, do it otherwise you will have to wait for a few months.
Getting a divorce is not easy. You might have an ugly marriage but in case something can be sorted out, try it. Make sure to hire a professional like a divorce lawyer to make the divorce process easier and simpler.

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Law, News 0 comments

In October, the policy requirement for lawyers is triggered

Lucca Meyer

December 6, 2019

It is a measure that will protect both the professional and the client, but it is undeniable that it will also create difficulties for young lawyers: from next October 11, in fact, the obligation of an insurance policy will be enforced against those who carry out legal activities. The decree provides that the Government approved the rules for the provision of insurance coverage (civil and anti-infirm liability) against the lawyers on September 22, 2016.

The coverage must guarantee both the customers and the lawyers themselves from the damage caused to third parties in the exercise of the profession, as well as the collaborators (in this second case it is an accident-prevention policy which must be stipulated if we have collaborators or employees of law firms and associated studies). Anyone exercising the legal profession, even if with an income of less than 30 thousand euros, if he has not yet done so, must therefore activate a package.

On the market, offers vary with prizes ranging from a minimum of 200 euros to a maximum of 10,000 euros a year. The same Cassa Forense has activated in time agreements with Italian and foreign insurance groups ( here the complete list ). But lawyers registered with the Order in Italy – which number more than 300 thousand (data from Cassa Forense 2014/2015) – as many as 50 thousand, up to two years ago, invoiced on average just 10 thousand 300 euros .

The crisis of the profession and of earnings is an emergency for the category that has long been carrying on protests to sensitize the Government and reduce the economic obligations to which a young lawyer is subjected (especially for pension contributions). The policy, however, is a necessary instrument of protection for a particularly delicate and competitive profession.

If a lawyer is discovered, in the event of a professional error he may have to shell out hundreds of thousands of euros, equal to the compensation a customer can claim in the event of damage caused by the lawyer. A worse consequence of the sanctions envisaged in the event of failure to take out insurance: in this case it is the Council of the National Order that has to sanction the professional since the absence of a policy now constitutes a disciplinary offense.

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Law, News 0 comments

What future for lawyers?

Lucca Meyer

December 6, 2019

In such a competitive context it is inevitable to ask what future awaits those who undertake their studies in law or are appearing for the first time in courtrooms. It is from this question that the text by Richard Susskind “The lawyer of tomorrow” (GueriniNext, p. 201, € 21.50) starts.

Susskind, jurist and professor at Oxford, has no doubts: ” in less than two decades the way in which lawyers work will change radically. If they do not adapt traditional law firms will fail ”.

The reasons behind the change are, according to the author, three : the difficulty in accessing legal services (for economic reasons) of an increasingly wide range of citizens and businesses, liberalization (started in some countries – such as England – and subject of discussion in others) and the use of technology (starting from artificial intelligence).

These 3 factors will determine a less and lesser request of the “traditional” lawyer, as we understand it today.

Attention: Susskind does not say that his figure is destined to disappear . Simply to survive will have to acquire new skills both of a hard nature (related, for example, to technology) and soft, relational.

” Intelligent, creative, innovative lawyers, able to devise and articulate new solutions and strategies – describes them in the book – and communicate their suggestions in a highly personalized and customized way”.

In parallel, however, other legal profiles will appear and become established . This is the case of the project management manager – whose task will be to manage the entire procedure – of the online dispute expert or, again, of the R&D employee , who will focus on the design of new services.

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  • What are the reasons for contesting a will?
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