Wills & Estate Planning

Whether you’re disputing or defending a Will in WA, our solicitors are here to help safeguard your legal entitlements.

Will disputes arise at an already stressful time. You may feel you were unfairly overlooked in a loved one’s Will, believe you have been inadequately provided for, or have concerns about the deceased’s mental capacity or undue influence. Conversely, a Family Provision Claim may be threatening your share of the estate.

At Affinitas Legal, our Perth Will dispute lawyers understand how to navigate these complex matters as efficiently as possible. Whether you’re seeking to secure your rightful inheritance or defend the terms of a Will as its Executor, we can provide clear legal advice, practical support and reliable representation at every stage.

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Contesting a Will with a Family Provision Claim

Have you been excluded or insufficiently accounted for in a family member’s Will? In Western Australia (WA), a Family Provision Claim allows eligible individuals to seek a fair share of estate assets if a Will fails to make adequate provision for their proper maintenance, support or advancement in life.

The Supreme Court will assess whether the deceased person had a moral obligation to provide for the claimant and whether the estate should be redistributed, taking into account factors such as financial need, relationships, other beneficiaries and the size of the estate.

If you wish to file a Family Provision Claim in WA, get in touch with Affinitas Legal as soon as possible. We are here to help secure what is rightfully yours, representing your interests through negotiation, mediation and litigation.

Our Will dispute lawyers can:

  • Explain and advocate your entitlements
  • Gather the evidence required when disputing a Will
  • Prepare applications to the Supreme Court to make a claim
  • Represent you in court proceedings where necessary
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Defending a Will’s terms in WA

If you are an Executor, administrator or beneficiary, a Will dispute can be stressful and disruptive, often delaying estate administration and placing beneficiaries’ entitlements at risk. Early legal advice is critical to limit delays, control costs, and protect the estate from unnecessary depletion.

Our lawyers regularly act for Executors, administrators and beneficiaries who need to defend a contested Will. We can help you prove the validity of the Will or the proper administration of the estate when it is challenged by another party, guiding you through negotiations, mediation and, where necessary, court proceedings. Our focus is always on achieving a timely, fair outcome.

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Perth’s experienced Will dispute lawyers

Personalised advice

Every Will dispute is different. We take the time to understand your financial position and provide advice that reflects your individual circumstances, family situation, and estate. Gain practical strategies that protect your unique interests.

Deep knowledge

We leverage decades of experience in WA Wills & Estates Law, including Family Provision Claims and intestacy matters. This depth of knowledge allows us to flag risks early, assess prospects realistically and streamline complex arrangements.

Regular communication

Will disputes can feel overwhelming. That’s why we explain your options and likely outcomes in plain-English, keeping you updated throughout. With clear, regular and honest guidance, you can make informed decisions confidently.

Timely support

Will disputes can delay distributions and increase costs if not handled promptly. We act efficiently and respond quickly, keeping your legal matter moving while remaining mindful of the emotional sensitivity involved.

Clear legal costs

We believe in fair, transparent pricing. With fixed legal fees, you can be certain of your expenses from the outset. Where suitable, we’ll also explore negotiation and mediation to resolve disputes without the cost of going to court.

Frequently asked questions

Who can dispute a Will?

In Western Australia, only certain people are legally entitled to dispute a Will by making a Family Provision Claim under the Family Provision Act 1972 (WA).

Eligible persons include:

– The deceased’s spouse or de facto partner

– A former spouse or de facto person who was receiving, or entitled to receive, maintenance from the deceased at the time of their death

– A child of the deceased who was living with the deceased at the time of their death or born up to 10 months after the deceased’s death

– A stepchild who was financially supported or entitled to be maintained by the deceased at the time of their death

– A grandchild who was financially dependent on, or living with, the deceased at the time of their death

– A parent of the deceased

Eligibility is strictly defined, and each case depends on evidence of the relationship. At Affinitas Legal, our lawyers can help to confirm your eligibility.

What are the grounds for disputing a Will in WA?

A Will may be disputed in WA on several legal grounds, and more than one reason may apply at the same time.

Common grounds include:

– An eligible person was excluded or inadequately provided for, leading to a Family Provision Claim

– The Will-maker lacked mental capacity when the Will was made

– The Will-maker was pressured, manipulated or controlled into making a Will that does not reflect their true intentions

– The Will contains unclear or ambiguous terms

– The Will breaches a mutual Will agreement between spouses

– A proprietary estoppel claim, where someone relied on a promise and suffered a significant disadvantage

Are there time limits when disputing a Will in WA?

Yes. Strict time limits apply when disputing a Will in WA. Generally speaking, a Family Provision Claim must be made within six months of the Grant of Probate or Letters of Administration.

Missing this deadline can severely limit your ability to bring a claim, even if it would otherwise be legally valid.

Therefore, if you are considering disputing a Will, it is important to seek legal advice as soon as possible after the deceased’s death.

What if someone dies without a valid Will in place?

If a person dies without a valid Will in place, their estate is distributed under the Administration Act 1903 (WA). This is known as intestacy.

Intestacy laws set out a strict order of inheritance, which can override personal wishes and may not reflect modern family arrangements. In broad terms:

– A spouse or de facto partner usually receives most or all of the estate

– If there is no partner, the estate passes to children or other close relatives

– If no eligible relatives can be identified, the estate may pass to the State Government

As intestacy rules are inflexible, they can lead to delays, disputes and unintended outcomes. In some cases, eligible people who are not entitled under intestacy laws may still be able to make a Family Provision Claim.

If you are unsure of how to proceed, please contact Affinitas Legal as soon as possible. Our experienced solicitors can help you take the next steps with clarity and confidence.

Will I need to go to court?

Not always. Most Will disputes begin with negotiation or mediation, which can resolve matters without going to court.

Court proceedings are usually a last resort, as they can be costly and emotionally draining. Seeking legal advice early can significantly increase the likelihood of resolving a dispute efficiently and minimising costs.

What are the benefits of mediation in a Will dispute?

Mediation allows parties to resolve a Will dispute faster and at lower cost than court proceedings. Through this confidential, facilitated process, each party can explain their position, explore practical solutions and work towards an outcome in private, ultimately avoiding the delay, expense and emotional strain of litigation.

While this pathway is voluntary in WA, it is strongly encouraged. At Affinitas Legal, our lawyers can advise whether mediation is appropriate in your case and prepare you for the process.

Do I need a Will dispute lawyer?

A Will dispute lawyer helps you understand whether you have grounds to challenge or contest a Will, what outcomes are realistically available, and the costs and risks involved before you proceed. This early guidance is crucial in avoiding unnecessary disputes and protecting your position.

We can also manage communication with other parties, represent you in negotiations and mediation, and, if required, appear in court on your behalf.

Given the legal complexity of succession law and the emotional strain these disputes often bring, having clear, informed legal guidance can make a meaningful difference to both the process and the outcome.

What happens if a Will dispute is successful?

The outcome depends on the type of dispute. If a Will is found to be invalid, an earlier Will may apply, or the estate may be distributed under intestacy laws.

However, if a Family Provision Claim succeeds, the court may adjust the estate distribution to provide the claimant with additional provision.

In some cases, legal fees may be paid from the estate, although this is not guaranteed.

What happens if a Will dispute is unsuccessful?

If a dispute is unsuccessful, the Will remains valid and is left unchanged to be administered as written.

Unsuccessful claims can result in high legal costs and emotional strain, particularly where evidence is limited or time delays have made proof difficult.

This is why early advice, strong evidence and realistic expectations are critical before commencing any Will dispute.

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