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Things To Keep In Mind About Will Disputes
The experienced estate lawyers at HFM Legal regularly advise and represent executors, trustees and beneficiaries in the Supreme Court of Western Australia and the State Administrative Tribunal in matters relating to:
- the validity of and proof of wills in solemn form arising from capacity issues, undue influence, informal wills or disputes between co-executors;
- claims for provision from deceased estates under the Family Provision Act 1972 (WA);
- the authority and obligations of executors, administrators and trustees under the Trustees Act 1962 (WA) and Administration Act 1903 (WA);
- the appointment of next friends and guardians ad litem for parties under a disability;
- superannuation and death benefit entitlements and disputes and representation in the Superannuation Complaints Tribunal; and
- capital gains tax issues arising from estate and trust property.
Who Can Challenge a Will in Western Australia?
An application for provision out of the estate of any deceased person may be made by or on behalf of a spouse, a de facto partner (or a former spouse or de facto partner in limited circumstances), a child, a parent and, in some limited circumstances, a grandchild and step child.
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Will Dispute FAQ
An application for provision out of the estate of any deceased person may be made by or on behalf of a spouse, a de facto partner (or a former spouse or de facto partner in limited circumstances), a child, a parent and, in some limited circumstances, a grandchild and step child.
In accordance with the provisions of the Family Provision Act 1972 (WA), the time limit to make a claim is 6 months from the date of the grant of probate or letters of administration.
A sibling is not an eligible person for the purpose of the Family Provision Act 1972 (WA).
A person who at the date of the death of the deceased was receiving or entitled to receive maintenance from the deceased as a former spouse or former de facto partner of the deceased whether pursuant to an order of any court, or to an agreement or otherwise may apply for provision from a deceased estate.
It can be. However, the Supreme Court of Western Australia adopts procedures to ensure that applications pursuant to the Family Provision Act 1972 (WA) are dealt with expeditiously and cost effectively and that excessive or unnecessary costs are not incurred.
Litigants and potential litigants will generally benefit by obtaining expert advice from an experienced estate lawyer as early as possible after the death of the deceased person.
If the Supreme Court of Western Australia is of the opinion that the disposition of the deceased’s estate effected by his or her will, or the law relating to intestacy, or the combination of his or her will and that law, is not such as to make adequate provision from the estate for the proper maintenance, support, education or advancement in life of an eligible person it may order that such provision as the Court thinks fit is made out of the estate of the deceased for that purpose.
In forming its opinion the Supreme Court of Western Australia will have regard to the applicant’s financial position, relationship with the deceased, the size of the estate and the deceased’s relationship with other persons who are or may be eligible to make a claim against the estate and their financial circumstances as at the date of the deceased’s death.
Adequate provision is complex and difficult to define as it varies with every unique case. It is important to obtain independent advice from an experienced estate lawyer as early as possible should a dispute arise in an estate.