Concerned about a will? Or is a will you’re managing being challenged?
Will Disputes Perth - Practical Legal Advice When a Will Is Challenged or Unfair
Will disputes are stressful, emotionally charged, and can fracture families if not handled carefully. Whether you believe a will is unfair, invalid, or you’re an executor defending a will that’s being contested, Clairs Keeley Lawyers provides clear, experienced guidance to help you understand your rights and resolve the matter as efficiently as possible.
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What Is a Will Dispute?
A will dispute arises when someone challenges the validity of a will or claims they have not been adequately provided for in the will (or have been left out entirely).
Will disputes in Western Australia are dealt with through the Supreme Court of WA and can range from straightforward claims that settle through negotiation to complex contested matters that proceed to a hearing.
There are two broad categories of will disputes:
- Challenging the validity of the will itself — arguing that the will should not be recognised as legally valid because of issues with how it was made, who influenced it, or the mental state of the person who made it.
- Family provision claims — accepting that the will is valid but arguing that the deceased had a moral or legal obligation to make adequate provision for certain people, and the will fails to do so.
Both types of claims have strict time limits and procedural requirements. Getting legal advice early gives you the best chance of a favourable outcome, whether you are bringing a claim or defending one.
DEAL WITH THE ESTATE CONFIDENTLY
We can help you with a clear guided process and straightforward support. Speak with the Clairs Keeley team today or complete the enquiry form.
We Help People on Both Sides of a Will Dispute
Will disputes always have at least two sides — the person challenging the will and the person (usually the executor or a beneficiary) defending it. Clairs Keeley Lawyers acts for clients on both sides:
If you are considering challenging a will: We assess whether you have a viable claim, explain the process and likely costs, advise on the strength of your position, and represent you through negotiation, mediation, or court proceedings if necessary.
If a will you are managing or benefiting from is being challenged: We help executors and beneficiaries understand the claim, respond appropriately within the required timeframes, and defend the will or negotiate a settlement that protects your interests.
Regardless of which side you are on, our goal is to achieve the best possible outcome with the least amount of conflict, cost, and d
Grounds for a Will Challenge
A will can be challenged on the basis that it is not legally valid. If a challenge succeeds, the will (or part of it) may be set aside, and the estate may be distributed under a previous will or under the rules of intestacy. Common grounds include:
- Lack of Testamentary Capacity: The testator must have had the mental capacity to understand the will’s nature, assets, and beneficiaries. Illness or medication can be grounds for challenge.
- Undue Influence: If someone exerted improper pressure on the testator, the will may be set aside.
- Lack of Knowledge and Approval: The testator must have known and approved of the will’s contents. Lack of understanding or independent advice can invalidate the will.
- Improper Execution: If the will wasn’t signed and witnessed properly according to Western Australian law, it may be invalid, though informal wills can be validated in certain cases.
- Fraud or Forgery: A will created or altered by fraud, or if the testator’s signature was forged, can be challenged.
- Revocation: If the will was revoked by a later will, destruction, or by law (e.g., marriage), it can be contested.
Family Provision Claims in Western Australia
Even if a will is perfectly valid, certain people may be entitled to challenge the distribution of the estate if they believe the will does not make adequate provision for their proper maintenance, support, education, or advancement in life.
These claims are made under the Family Provision Act 1972 (WA) and are one of the most common types of will dispute in Western Australia.
Who Can Make a Family Provision Claim?
The following people are eligible to apply:
- The spouse or de facto partner of the deceased (including a former spouse who was receiving or entitled to receive maintenance)
- Children of the deceased — including adult children, adopted children, and stepchildren in certain circumstances
- Grandchildren — if they were being maintained by the deceased
- A parent of the deceased — if the deceased had a responsibility to provide for them
What Does the Court Consider?
The Supreme Court considers a range of factors when deciding whether to vary the will, including:
- The financial needs and resources of the applicant
- The size and nature of the estate
- The applicant’s age, health, and earning capacity
- The relationship between the applicant and the deceased
- Whether the deceased had a moral obligation to provide for the applicant
- Any contributions the applicant made to the estate or the deceased’s welfare
- The needs of other beneficiaries
- Any reasons the deceased may have had for excluding or limiting the applicant’s share
- The terms of any other will or codicil
What Can the Court Order?
If the court finds the will does not make adequate provision, it can order a redistribution of all or part of the estate. This might include a lump sum payment, transfer of property, an ongoing income stream, or a variation of the shares allocated to beneficiaries.
Time Limits
Family provision claims in WA must generally be brought within 6 months of the Grant of Probate or Letters of Administration being issued. In some cases the court may grant an extension, but there is no guarantee. Getting legal advice as early as possible is critical.
Not Sure If You Have a Claim? We Can Tell You.
Every will dispute starts with understanding whether you have a viable case. Our free discovery call gives you honest, practical advice about your options — with no obligation to proceed.
The Will Dispute Process in Western Australia — What to Expect
How the Will Dispute Process Works in Western Australia
Step 1 — Free Discovery Call
We speak with you to understand the situation, the background to the dispute, and your concerns. We give you an honest initial assessment of whether you may have a claim (or a defence) and explain what the process involves. This call is free and confidential.
Step 2 — Detailed Assessment
If there appears to be a viable claim or a defence to be mounted, we gather the relevant information — the will, the estate assets, family circumstances, and any supporting evidence — and provide a more detailed assessment of the strength of your position and the likely costs involved.
Step 3 — Lodging a Caveat (If Appropriate)
If you are challenging the will and probate has not yet been granted, we may lodge a caveat with the Supreme Court of WA to prevent the grant from being issued while the dispute is being resolved. This preserves the estate and protects your position.
Step 4 — Negotiation and Mediation
The majority of will disputes in WA are resolved without going to a full court hearing. We attempt to negotiate a resolution directly with the other parties or through formal mediation. This is typically faster, less expensive, and less emotionally damaging than litigation.
Step 5 — Court Proceedings (If Necessary)
If the dispute cannot be resolved through negotiation or mediation, we prepare and file the necessary court documents and represent you through the Supreme Court process. We keep you informed at every stage and manage the process so you understand what is happening and what to expect.
Step 6 — Resolution
The dispute concludes with either a negotiated settlement, a mediated agreement, or a court order. Once resolved, the estate can be administered and distributed according to the outcome.
Timeframes: Simple disputes that settle early through negotiation may be resolved within a few months. Matters that proceed to mediation typically take 3 to 6 months. Contested court proceedings can take 12 months or longer depending on complexity and court availability.
Common Will Dispute Scenarios We Help With
“Mum changed her will shortly before she died, and we think someone influenced her.”
Late changes to a will — especially when the testator was elderly, unwell, or being cared for by the person who benefits from the change — often raise concerns about undue influence or lack of capacity. We can investigate the circumstances and advise on whether a challenge is viable.
Adult children who have been left out of a will (or left with a significantly reduced share) may have grounds for a family provision claim, particularly if the deceased had a moral obligation to provide for them.
Beneficiaries have a right to be kept informed about the administration of the estate. If an executor is being evasive, withholding information, or acting in their own interests rather than the interests of the estate, legal action may be necessary.
People who were financially dependent on the deceased — such as a long-term carer, a de facto partner, or a disabled child — may be entitled to make a family provision claim even if they are not named in the will.
If there are concerns that the signature on the will is not genuine, or that the will was tampered with, the will can be challenged on the grounds of fraud or forgery. Handwriting analysis and other forensic evidence may be relevant.
Executors have a duty to uphold the terms of the will, but they also need to respond appropriately to claims. We help executors assess the claim, take proper legal steps, and negotiate or defend as needed to protect the estate and the wishes of the deceased.
What Does a Will Dispute Cost?
Cost is one of the first questions people ask, and understandably so. The cost of a will dispute depends on the complexity of the matter and how it is resolved:
- Free discovery call — our initial conversation to assess your situation costs nothing
- Negotiated settlement — disputes that resolve through direct negotiation are typically the most cost-effective, as they avoid court filing fees and extensive legal preparation
- Mediation — a structured mediation process involves additional preparation and the mediator’s fees, but is generally significantly less expensive than court proceedings
- Court proceedings — contested matters that proceed to a hearing involve court fees, preparation of evidence, and legal representation at the hearing, which increases costs substantially
We provide a clear cost estimate before you commit to any course of action, so there are no surprises. We discuss funding options with you, including whether costs may be recoverable from the estate if your claim is successful.
Important: In many family provision claims, the applicant’s legal costs are paid (in whole or in part) from the estate if the claim succeeds. We can advise on whether this is likely in your case.
Why Choose Clairs Keeley for Will Disputes
Why Perth Families Choose Clairs Keeley for Will Disputes
- We act for both sides — whether you are contesting a will or defending one, we have the experience to represent you effectively
- Mediation expertise — our firm offers dedicated mediation services, giving us a unique perspective on resolving disputes without unnecessary court involvement
- Over 16 years of experience — we understand the Supreme Court of WA’s approach to will disputes and what makes claims succeed or fail
- Honest, early assessment — we will tell you upfront whether your claim has merit, what it is likely to cost, and what outcome is realistic. We do not encourage litigation for the sake of it
- Clear cost guidance — we explain the likely costs at each stage so you can make informed decisions about how to proceed
- Compassionate, firm advocacy — will disputes are deeply personal. We combine genuine empathy with strong legal advocacy to protect your interests
- East Perth location — Ground Floor, 2 Brook Street, East Perth, with phone and video consultations also available
Grant of
probate
- Applies where a valid will exists
- Executor applies to court
- Authority to manage the estate
- Fixed Fee from $1495
letters of administration
- Applies when no valid will exists
- Next of kin applies
- Court appoints administrator
- Fixed Fee From $2310
Will
disputes
- Challenging a will’s validity
- Contesting estate distribution
- Protecting beneficiary rights
- Free Discovery Call
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Common FAQs for Probate and Letters of Administration
Can I contest a will in Western Australia?
Yes. You can challenge the validity of a will if you believe it was made under undue influence, without proper capacity, or was not correctly executed. You can also make a family provision claim if you believe the will does not adequately provide for you and you are an eligible claimant.
Who can contest a will in WA?
Any person can challenge the validity of a will (for example, on grounds of forgery or lack of capacity). Family provision claims are limited to eligible applicants — generally the spouse or de facto partner, children, grandchildren (if maintained by the deceased), and parents of the deceased.
How long do I have to contest a will in WA?
Family provision claims must generally be commenced within 6 months of the Grant of Probate or Letters of Administration being issued. Challenges to the validity of the will should ideally be made before probate is granted. Getting advice early is essential.
How much does it cost to contest a will?
Costs vary depending on complexity. Matters resolved through negotiation are the least expensive. Mediation involves moderate costs. Court proceedings can be substantial. We provide a clear cost estimate before you commit. In successful family provision claims, costs may be recoverable from the estate.
Can I contest a will if I’m not a family member?
You can challenge the validity of a will regardless of your relationship to the deceased (for example, if you believe the will was forged). However, family provision claims are generally limited to family members and dependants as defined by the legislation.
What happens to the estate while a will dispute is ongoing?
Can a will dispute be settled out of court?
Yes, and the majority are. Negotiation and mediation are the most common methods of resolving will disputes in WA. A court hearing is typically only necessary when the parties cannot reach agreement through other means.
What is a no-contest clause and is it enforceable in WA?
Some wills include a “no-contest” or “in terrorem” clause that purports to disinherit anyone who challenges the will. In Western Australia, these clauses have limited enforceability, particularly in relation to family provision claims. The court retains the power to override such clauses if it considers the will does not make adequate provision. We can advise on whether a no-contest clause affects your position.
Can I challenge a will after the estate has been distributed?
It is significantly more difficult to challenge a will after the estate has been distributed, as assets may have already been spent, sold, or transferred. It may still be possible to bring a claim, but the practical challenges
What if I think the executor is acting improperly?
Executors have a fiduciary duty to manage the estate honestly and in the interests of all beneficiaries. If you believe the executor is delaying administration, withholding information, self-dealing, or failing to act impartially, you may be able to apply to the court to have them removed or compelled to account. We can advise on the appropriate steps.
Clairs Keeley Wills and Estate Planning Services
Here are some more of the ways we can help you with Wills & Estate Planning.
The Sooner You Get Advice, the Stronger Your Position
Will disputes have strict time limits, and early legal advice can make the difference between a strong claim and a missed opportunity. Our free discovery call gives you an honest assessment of where you stand — with no obligation to proceed.