Contested Estate Advice Perth
If you need advice or legal assistance with a contested estate issue in Perth, offering legal advice and representation throughout Western Australia.
Contested Estate & Wills Lawyers
If a loved one has passed and you have been left out of the will or feel that there has been an unfair allocation of the estate, then you might be eligible to apply to the court and contest the will.
Disputing a will is common and there are numerous reasons that you can challenge a will or contest an estate within Western Australia, and as each probate application is unique it’s important that you engage as Will dispute lawyers.
Wills and Estate are a complex legal field that requires a specialise probate lawyer who can assist with your contested estate or will.
Contested Estate help and information
How do you challenge the validity of a will? What factors does the court consider? What is challenging a will called?
If you believe that a will is not valid, you can contest the estate. This means that you challenge the validity of the will. You may do this if you think that the will was not signed by the person who made it, or if there are doubts about whether the person who made the will had the mental capacity to do so. Testamentary undue influence is when someone applies pressure on a testator to make them change their Will. This can happen through physical, emotional or financial coercion. If a person challenges a Will on the grounds of undue influence, they are essentially contesting the estate. The court will then look at whether the Will is valid. In order to be found valid, the court must be satisfied that the testator was not influenced by anyone else. If the court finds that the Will was created under duress or undue influence, it will be declared invalid
If you successfully contest an estate, this can have a number of consequences. The court may decide that the will is not valid, and that the estate should be distributed in accordance with a different document, such as an earlier will. Alternatively, the court may decide that the entire estate should be distributed in accordance with the laws of intestacy, which dictate how property is to be distributed when there is no valid will in place.
Challenging a will can be a complex process, and it is advisable to seek legal advice before taking any action.
How long after probate can you challenge a will?
In Western Australia, the limitation period for contesting a will is generally six (6) months from the date of probate. This means that if you wish to contest a will, you must do so within six months of the date on which probate is granted. If you miss this deadline, you may still be able to contest the will by applying for leave to do so out of time. However, this is discretionary and will only be granted in limited circumstances. For example, the court may consider whether there was some reason why you were unable to bring your claim within the limitation period. Family provision claims are an exception to this rule and can be brought at any time up until six months after the distribution of the estate. If you are thinking about contesting a will, it is important to seek legal advice as soon as possible to ensure that you do not miss the deadline.
Can you contest a will before probate?
If you are an interested party in a deceased estate in Western Australia, you may be wondering if you can contest the will before probate is granted. The answer is ‘it depends’, but there are certain conditions that must be met in order for the court to hear your case. First, you must have what is known as a “probate caveat” on the estate. This is a legal document that states your interest in the estate and sets forth the grounds on which you are contesting the will. Without a probate caveat, the court may issue probate or letters or administration to an eligible applicant. Additionally, you must be able to show that you would be adversely affected by the granting of probate. For example, if you are an heir under the deceased’s previous will and stand to inherit a significant amount of money, you would likely be considered an interested party with standing to contest the new will. If you are unsure whether or not you meet the necessary criteria, it is always best to consult with an experienced estate litigation lawyer who can help assess your claim and advise you on the best course of action.