Loss of a loved one is difficult and if estate disputes arise, it can make an already emotional situation more challenging. These estate-related legal matters typically include complex legal conditions along with sensitive family relationships. Because of that, understanding where you stand in making claims of the deceased estate is highly important. To address these situations, estate dispute lawyers Perth can give you clarity on your position before any conflict escalates.
In this regard, this guide explores your legal rights in disputed estate cases in Perth, the circumstances that may give rise to a claim and the available legal options.
Estate disputes arise when there is disagreement about the administration or distribution of a deceased person’s estate. Even though a valid will represents the wishes of the testator, Australian law provides that there are instances when the law can interfere. In Western Australia, the Supreme Court can handle disputes relating to wills, estate administration and family provision. Many disputed estates in Perth fall within this jurisdiction, where the court examines whether the estate has been managed in line with the law.
Examples of estate disputes include:
Whether you can challenge an estate depends on your legal relationship with the deceased. Disputed estate claims in Perth are generally limited to people with a recognised connection to the deceased, so eligibility is an important first consideration. The following are among those who may be eligible to bring a claim:
In the case of an estate dispute, Australian law grants some legal rights to those who are involved in it. What legal rights in disputed estates apply depends on how close the connection is between the person disputing and the deceased and what kind of dispute is at hand.
Eligible individuals may apply to the Supreme Court of Western Australia for further provision under the Family Provision Act 1972 (WA). The court may make an order if it finds that the will or intestacy rules do not provide adequate provision for the applicant.
A will can be disputed when there are reasonable doubts about the validity of the will itself. In most cases, the disputes arise not out of dissatisfaction with the will itself but because of its lack of legal validity.
These are the possible reasons why a will might be declared invalid:
When managing an estate, executors have some legal obligations to perform. Those are: honesty, protecting assets of the estate, payment of any outstanding debts and distribution of the estate properly according to law and will.
Prior to reaching a decision, the court looks into the evidence presented and the circumstances of each claim. Some of the considerations made by the court include:
Getting legal advice from deceased estate lawyers Perth at an early stage will enable you to comprehend your rights and legal procedures involved. Estates in Western Australia are governed by strict statutory time periods and therefore taking timely action will ensure that your options are still open.
Depending on your situation, timely action will assist you to:
Estate disputes are complex, and it is obvious that they need an in-depth evaluation of the situation when multiple people claim the deceased’s assets. In this situation, your legal options depend on the facts of the case and the relevant legislation. Sometimes, estate-related claims may also involve a family provision claim, a will dispute or estate administration.
If your matters are also related to these situations, then it may help to hire deceased estate lawyers Perth. A legal consultation can help you out with which steps you can take to protect your rights and guide your next steps.
