Challenging or Defending a Will in Western Australia

Estate disputes can concern validity, capacity, undue influence, interpretation, executor conduct or whether adequate provision was made for an eligible claimant. The correct claim, evidence and time limit depend on the issue. Executors should avoid premature distribution after receiving a credible notice.

First steps

• Preserve the original will and drafting file.
• Obtain earlier wills and capacity evidence where relevant.
• Identify the grant, estate assets and proposed distribution.
• Record the relationship and financial circumstances.
• Check the limitation period immediately.
• Avoid threatening allegations unsupported by evidence. Negotiation or mediation may resolve some disputes, but protective court steps may be necessary. Costs and proportionality should be assessed against the estate value and issue. Request an estate-dispute assessment only after Legal Care confirms it accepts the matter.

Sources

• Supreme Court of WA — Wills and probate
• Family Provision Act 1972 (WA) Conditional educational draft; general information only.