What Happens If You Think a Will Isn’t Fair?
Losing someone you love is hard enough. Finding out afterwards that the will doesn’t provide for you, or someone else in the family, adds another layer of stress at the worst possible time.
If that’s where you are, here’s what the process actually looks like in Western Australia.
Who can contest a will
Under the Family Provision Act 1972 (WA), a limited group of people can apply to the Supreme Court of WA for a larger share of an estate. This includes a spouse or de facto partner, a former partner who was receiving maintenance, children and step-children, grandchildren in some circumstances, and parents. You need to show that the will, or the rules that apply if there’s no will, don’t make adequate provision for your proper maintenance, support, education or advancement in life.
The six month time limit
This is the part people miss. You generally have six months from the date probate or letters of administration is granted (the court’s official approval to administer the estate) to make a claim. Extensions are rarely granted, so acting quickly matters. If you’re not sure where the estate is up to, that’s something we can help you check.
What the court looks at
Essentially, the court weighs up your relationship with the person who died, your financial position and needs, the size of the estate, and the impact on everyone else who has a claim on it. Every family and every estate is different, so there’s no standard outcome and we won’t promise you one.
You’re not alone in this
Disputes like this are stressful, and they often land on top of grief. Luckily, working out where you stand, and what your options are, is something we can help with.
Get in touch for a confidential, fixed-fee first conversation. Contact Us
Cassandra Joss – Joss Legal