Contesting a Will in Perth & Fremantle
If you believe a deceased person's will does not fairly provide for you, or if you have concerns about the validity of the will, Elizabeth Wiese & Associates can advise and represent you in contesting the will or defending the estate.
Grounds for Contesting a Will
- The will was not made with proper legal formalities
- The deceased lacked testamentary capacity when the will was made
- The will was made under undue influence or duress
- There was fraud or forgery
- The deceased made promises upon which you relied to your detriment
Family Provision Claims
Western Australian law allows certain people — including spouses, children, grandchildren and persons in a de facto relationship — to apply to the court for a greater share of an estate if they were not adequately provided for. These are known as Family Provision claims (often called "inheritance disputes").
To succeed in a Family Provision claim, you must show that:
- You are an eligible applicant
- Adequate provision was not made for you in the will (or under the laws of intestacy)
- It is appropriate in the circumstances for the court to make an order
Time Limits — Act Promptly
Strict time limits apply. In Western Australia, you generally must commence your claim within 6 months of the grant of probate. Extensions of time are rarely granted, so it is essential to obtain legal advice as soon as possible.