How Will Contest Lawyers in Perth Ensure Your Inheritance Rights

May 17, 2024    Deceased Estate Lawyers Perth
How Will Contest Lawyers in Perth Ensure Your Inheritance Rights

In this digital age, knowledge is empowering. Understanding inheritance law can be complex. Hence, concise and up-to-date information is provided in this blog.

Whether you have been excluded from your family’s will entirely or have concerns regarding it, legal advice is necessary. Professionals can play an important role in safeguarding your rightful inheritance. In this blog, the legal grounds for contesting a will and the benefits of seeking legal counsel are mentioned. So, keep on reading to understand it better.

Common grounds for the claim

A lawyer in Perth, Western Australia, can help you contest a will if you believe it doesn’t meet the requirements of the Wills Act 1970 or if you believe the terms of the will are unfair. You can contest a will for a number of reasons, including:

  • The willmaker didn’t have the capacity to make a will
  • The will was executed incorrectly
  • The willmaker was influenced into signing the will
  • The will is a forgery
  • The will was executed under duress
  • The will doesn’t provide enough for someone close to the will-maker.

The time period for the contest

You can be contesting a will in Perth within six months of the grant of probate or with special permission from the court after that. You can lodge a caveat at the Supreme Court of Western Australia with the Principal Registrar to prevent a grant of probate before the executor obtains one.

Requirements to contest a will

To contest a will, you must prove to the court that the deceased didn’t make enough provision for your maintenance, support, education, or advancement. The Family Provision Act 1972 gives the court the power to change a will if it finds this to be the case.

Most of the deceased estate disputes are usually settled outside of court, and a mediated outcome can be more customized than a court order. A lawyer with estate litigation expertise can advise you on strategies to resolve your situation.

What do you do if a will is not left behind?

In Australia, when someone dies without a will, the deceased’s next of kin must apply to the Supreme Court for a Grant of Letters of Administration. They do this in order to obtain the estate. The claimant could be a partner or a child. The person who is granted the letters of administration becomes the administrator of the estate, similar to an executor. They are responsible for managing the estate and dividing the assets according to the Administration Act.

If the deceased had left behind a partner, they usually receive the entire estate. They can claim their portion by hiring deceased estate lawyers in Perth WA. However, if the person also had children from another relationship, some of the estate may go to them. This will depend on the amount of money left. To receive a share of the property, a mate must have lived with the deceased in a domestic or de facto relationship for at least two years.

Why hire a lawyer?

The process of applying for letters of administration can be complicated and may require a will contest lawyers in Perth. Each state and territory in Australia has its own intestate laws. Moreover, the distribution formula varies by jurisdiction.

Experts will meticulously analyze the details of your situation. They will take up the responsibility to gather and present compelling evidence for your case. The best deceased estate lawyers in Perth argue your case persuasively in court. In addition to that, they can facilitate negotiations and medications outside the court proceedings if such a situation arises. Contesting wills can be a challenging affair. But lawyers in Perth can help you navigate it with greater confidence.

Dying without a will can lead to uncertainty, disputes, and additional costs. Local legal representatives will be the most experienced and revised professionals for cases like this.


Do not let your rightful inheritance slip away. Battles like these can be hefty on your pockets. Lawyers at Perth can offer a flexible fee structure and work with you in any situation.

Remember, this blog serves as a general guide. Consulting qualified lawyers is recommended for personalized advice. While legal battles can be tiresome, hire deceased estate lawyers in Perth WA to empower you to fight for your rights confidently. Their knowledge, experience, and dedication can make a significant difference in securing your rightful inheritance.

REQUEST A QUOTE NOW! Complete the form below for a fast response

Copyright © Deceased Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now