Role Of Probate Lawyers In Contested Wills In Western Australia

January 5, 2024    Deceased Estate Lawyers Perth
Role Of Probate Lawyers In Contested Wills In Western Australia

Contesting a will is a complicated legal process often arising from disagreements among beneficiaries or doubts about the document’s legitimacy. Probate lawyers play a critical role in contested wills in Western Australia. This blog will go into the complexities of contested wills in Western Australia, emphasising the vital role that probate lawyers play in navigating this difficult area.

Understanding Contested Wills

A will contest is a legal challenge against distributing a deceased person’s assets as specified in their will. Will disputes can occur for a variety of reasons, such as concerns about the deceased’s mental competence, allegations of improper influence, or claims of inadequate support for family members.

Probate Process in Western Australia

What is probate? Probate is the legal process that confirms a deceased person’s will and permits their assets to be distributed properly. The Supreme Court of Western Australia oversees the probate procedure. When a will is challenged in court, the evidence is examined, and decisions are made based on legal principles.

So, What Exactly Is a Probate Lawyer?

Who are probate lawyers? A probate lawyer, as stated in the introduction, is a lawyer who specialises in estate law and whose function is to advise executors and administrators of an estate through the probate process. Obtaining the Grant of Probate and distributing the assets are part of this process.

To fulfil their job, a probate lawyer must thoroughly understand the Administration and Probate Act 1958, which is the major governing law of the Probate Act, and they must stay up to speed on any modifications or revisions to this act.

The Role of Probate Lawyers in Contested Wills

Probate lawyers specialise in the complexities of wills, estates, and probate matters. Their role becomes much more important in will contests. Let’s look at the roles of these legal professionals.

– Legal Advice

Probate lawyers are thoroughly aware of the relevant laws and regulations in Western Australia. They provide crucial counsel to clients in contested will situations, detailing their rights and duties. This knowledge is critical for navigating the complex legal environment of probate disputes.

– Case Evaluation

Probate lawyers thoroughly evaluate all aspects of a contested will case. They study the facts, assess the strength of legal arguments, and provide an informed assessment of the chances of success. This preliminary evaluation is critical in assisting clients in making educated judgments about whether to pursue the legal challenge.

– Mediation and Alternative Dispute Resolution

The probate lawyers frequently participate in mediation and alternative dispute resolution proceedings. These procedures seek to resolve issues peacefully rather than through lengthy judicial fights. Probate lawyers use negotiation skills to obtain fair and mutually acceptable agreements for all parties.

– Court Representation

When disagreements grow and court action is required, probate lawyers  play an important role in representing their clients. They prepare and deliver legal arguments for their clients, interrogate witnesses, and negotiate court procedures. This guarantees that the client’s interests are appropriately represented in court.

– Challenging the Validity of the Will

Probate lawyers may contest the validity of a will on various grounds, including lack of testamentary capacity, undue influence, fraud, or incorrect execution. They gathered information and made strong arguments to persuade the court that the will was not legally valid.

– Family Provision Claims

These professionals can bring family provision claims when family members believe they have not been sufficiently provided for in the will. They help clients through the legal process of obtaining adequate provisions from the deceased’s estate and advocating for fair and just solutions.

– Estate Administration

Probate lawyers are also essential in administering a deceased person’s estate. They ensure that assets are properly recognized, valued, and distributed per court orders or settlement agreements.

– Additional Estate Services

A probate lawyer’s function can also extend beyond the probate process. They can also assist in drafting agreements between beneficiaries and executors if an agreement to change the contributions made in the will has been reached. A probate lawyer can also help design and amend estate planning documents such as wills and trusts, provide tax advice, and assist with trust administration.


Contested will provide complicated legal problems in Western Australia, and the involvement of probate lawyers in Perth is critical in navigating these complicated problems. Probate lawyers have a varied role in ensuring a fair and just resolution of contested will disputes, from offering legal advice and assessing case merits to defending clients in court and supporting other forms of dispute resolution.

When people face the emotional and legal implications of contesting a will, the skill and expertise of probate lawyers become valuable assets in achieving a favourable decision.

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