Finding out that a will feels unfair, or that a family member has been left out or left with far less than expected, is hard enough without a deadline hanging over you. But in Western Australia, there is a deadline, and it’s shorter than most people expect.
If you’re thinking about challenging a will, or you’re not sure whether the estate is being handled the way it should be, here’s the one fact worth knowing straight away.
The six month rule
In WA, a family provision claim (essentially, an application to the Supreme Court asking for a fairer share of a deceased person’s estate) generally has to be made within six months. That six months runs from whichever of these happens:
- the grant of probate, if the person left a valid will, or
- the grant of letters of administration, if they didn’t leave a will, or the will couldn’t be used.
This time limit can sometimes be extended, but the sources we checked describe extensions as rare and only granted in limited circumstances. Waiting to “see how things settle” or hoping the family sorts it out informally can mean the window closes before you’ve had a real chance to act.
Why the deadline catches people off guard
A death in the family is disorienting on its own. Add disagreement between beneficiaries, a will that hasn’t been updated in years, or an estate that’s taking a long time to administer, and it’s easy to lose track of exactly when probate or letters of administration were granted, let alone count six months from that date.
Essentially, the clock can already be running before you’ve decided what, if anything, you want to do about it.
What to do if this sounds like your situation
You don’t need to have made up your mind about contesting anything to get advice early. A good first step is simply working out:
- whether probate or letters of administration have been granted yet, and if so, when,
- what the will (or the rules that apply when there’s no will) actually says, in plain English, and
- whether your circumstances are the kind the court can take into account.
None of this commits you to a court process. It just means you’re making an informed decision, with time still on your side rather than against you.
Luckily, that’s something we can help with. If you’re dealing with a contested estate, a probate dispute, or you’re simply unsure where things stand with letters of administration, get in touch and we’ll talk you through it in plain English, at your pace. Call our team at Joss Legal on (08) 6559 7480.