Contesting a Will.

The law respects a person’s right to decide who receives their assets. However, certain circumstances allow someone to challenge that decision after death.

In Western Australia, a Will might be open to challenge if:

• A more recent Will exists.
• The person who made the Will did not have the mental capacity to understand what they were signing.
• The Will was made under pressure or undue influence from someone else.
• The Will doesn’t adequately provide for certain people. This is called a Family Provision Act claim, and it’s the most common type of Will contest.

If you believe you’ve been unfairly left out, seek legal advice from a Wills and Estate lawyer immediately as they can make all the difference. In many cases, an application must be filed within six months of the grant of probate. Getting advice early helps ensure you don’t lose your right to make a claim.

If someone challenges a Will, the claim generally involves the executor, who manages the estate and the beneficiaries, who may be affected by any changes. Your lawyer will help identify who needs to be included and ensure the process is handled properly.

Who pays the legal costs?

Costs vary depending on the circumstances. Sometimes they can be paid from the estate, but not always. Because there can be significant financial consequences for all parties, it’s wise to seek clear legal advice on potential costs before starting a claim.