Common grounds include claims of undue influence, lack of mental capacity, improper execution, or failure to provide for a person who had a legal or moral claim. Not all challenges are valid, so it’s important to get legal advice to assess the strength of the claim and prepare your defence. Some claims may also be motivated by personal grievances rather than legal merit, making experienced legal guidance even more critical.

Contesting a will means challenging its validity or seeking a larger share of the estate. Common reasons include being unfairly excluded, evidence of undue influence, or doubts about the will-maker’s mental capacity. Contesting a will is a legal process handled by the courts, and strict eligibility rules and time limits apply in WA. It’s important to seek experienced legal advice early, as these cases involve complex emotional, legal, and evidentiary issues that require a tailored strategy.

In Western Australia, only “eligible persons” can contest a will. This includes spouses, de facto partners, children (including stepchildren), and certain dependants or grandchildren. The law recognises these individuals may have a moral claim on the estate and allows them to apply for a greater share if the will fails to provide adequate support. Each case is reviewed individually, and the court will assess whether the applicant has been left without proper and reasonable provision.

In most cases, you must file a claim within 6 months of the grant of probate. Acting quickly is important, as missing this deadline can mean losing your right to contest. If you believe you have a claim, seek legal advice as soon as possible to preserve your rights and prepare a strong case. There are limited exceptions to this rule, but late applications must be approved by the court and are not always granted.

You can challenge a will’s validity if you believe it was made under undue influence, fraud, or when the will-maker lacked mental capacity. Other legal issues, such as improper execution or multiple conflicting wills, may also be grounds. Our lawyers can investigate the circumstances and help you decide whether you have a valid challenge. Successful challenges often depend on clear evidence, including medical records, witness testimony, or suspicious changes in the will’s contents.

If the court agrees the will is invalid or that you’re entitled to a greater share of the estate, it can redistribute the assets accordingly. The court will consider your financial needs, your relationship with the deceased, and the size of the estate. Settlements can also be reached outside of court through negotiation. You may receive a new entitlement or financial provision, and costs may also be recoverable depending on the outcome and conduct of the parties.

Not always. Many will disputes are resolved through negotiation or mediation before reaching a courtroom. However, if agreement isn’t possible, the case may proceed to the Supreme Court of WA. Our lawyers are skilled in both alternative dispute resolution and litigation, and we’ll advocate for your interests every step of the way. Even if court is required, early legal advice can help narrow the issues and improve your chances of a quicker, favourable resolution.