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It is natural to feel a storm of emotions when someone dear to you passes away, and when you realise that you were not even included in a will, accepting the loss becomes even harder. The legal system in Western Australia enables people to dispute a will, provided they meet particular conditions.
You need to understand your rights and legal options if you believe a will fails to meet your expectations. This guideline describes the essential process of challenging an unfair will in Perth WA, while explaining the times when you would have a valid dispute and the ways Perth deceased estate lawyers can aid you.
When contesting a will in Western Australia, people can challenge the legal validity or seek extra estate shares due to insufficient current provisions. Individuals under the Family Provision Act 1972 (WA) have the right to approach the Supreme Court of WA for increased provisions from a deceased estate under certain conditions in Western Australia.
There are basically two types of challenges that can be made:
Challenging a will is not everyone’s right. The law specifies a limited group from which eligible challengers can be drawn:
Before taking any action, one should receive legal advice from solicitors practising in the area of deceased estates to validate eligibility under the law.
The first step is to consult with deceased estate lawyers Perth as soon as possible. There are time limitations, and a lawyer may assess whether you have a case, gather evidence, and give strategic advice. Most Will disputes are filed within six months of the grant of probate or letters of administration.
There are inherent legal grounds for contesting a will:
Your legal advisor will help you identify the right legal basis that suits your relationship status with the deceased individual.
All individuals have the right to receive a will copy through law, or their claim deserves consideration. You or your solicitor can request from the Supreme Court of Western Australia to inspect the will if needed. Following the successful probate grant, the estate moves into its administration stage. During this time, the executor must take necessary actions.
Courts sometimes allow disputes among parties to find solutions through mediation or negotiation. Your lawyer can make the first move towards settlement by contacting the executor or beneficiary (s) for a peaceful agreement. Mediation generates faster outcomes, reduces stress load, and decreases expenses compared to litigation.
Without resolution through the negotiation, you might file a Family Provision Claim in the Supreme Court. The court will weigh several factors, such as the following:
The court can change the will’s conditions and redistribute the estate to make “adequate provision” to an eligible claimant.
Your legal team will gather evidence for your claim, including financials, witness statements, and medical reports. A judge will listen to the case and then make decisions according to how strong your case is.
Disputing a will becomes complex for many when they face hardships. Challenging a will or seeking justice about its validity requires established legal channels. Seek professional help navigating legal proceedings because understanding these matters will prove essential for negotiations or litigation through mediation.
Persons who want to dispute an unfair will in Perth, WA, must seek professional legal help. With the aid of experienced deceased estate solicitors in Perth, claimants can navigate the legal system with ease and clarity.