A will may leave family members questioning whether the final distribution properly reflects their relationship with the deceased. However, an unequal inheritance does not automatically make a will unfair in law. The circumstances surrounding the estate, the applicant’s relationship with the deceased, and the evidence available can all affect a challenge. The legal basis of the dispute also matters, as different claims follow different requirements. In this regard, we’ll explore the main factors that can affect an unfair will challenge in Western Australia.
The first thing is to ascertain what kind of issue is being raised. It helps in determining what evidence you will need and the process involved in challenging the will. The main grounds for challenging a will in Perth could be:
The law identifies certain family connections and situations. Thus, it is necessary to identify the type of connection between you and the deceased before determining if the estate has been unfairly distributed. The main eligibility criteria to challenge an unfair will are:
There may be certain conditions for eligibility, particularly for former partners, step-children, and grandchildren. Consulting estate lawyers in Perth may help in determining whether statutory criteria have been met.
The court takes into account the needs of the applicant in relation to the duties of the deceased and the beneficiaries. The size and nature of the estate may also affect what is considered a reasonable provision.
The factors that are taken into account may include:
In relation to a Family Provision claim, evidence could cover your relationship with the deceased, your financial situation, needs, and the responsibilities of the deceased to you.
Examples of evidence that may be applicable include:
The probate procedure in the Supreme Court would also involve essential documents of the estate, which include the original will and asset/liability information. Collecting all of this evidence with the help of a challenge an unfair will lawyer in Perth may strengthen your case.
The time limit may have a direct impact on the capacity to contest a will in Western Australia. If you are contesting the will under a Family Provision claim, you must have a six-month time limit from the granting of probate or letters of administration to make your claim.
This time limit is part of the entire legal procedure. The Supreme Court of Western Australia deals with probate and deceased estate matters, including Family Provision claims. If you are considering how to challenge an unfair will in Perth, getting assistance from an estate lawyer can help you identify the applicable claim and any relevant procedural requirements.
When contesting an unjust will in Perth, it is not just a matter of demonstrating that there is an imbalance regarding inheritance. Depending on what you hope to achieve in terms of provision, or in respect to the issue of the validity of the will itself, it may be that different avenues will come into play from a legal perspective.
The connection you have to the deceased, your circumstances and the period of time involved can all be factors to consider. If you believe a will does not adequately provide for you, getting legal advice promptly from deceased estate lawyers in Perth can help protect your position and clarify the appropriate next step.
