Experienced Will Probate Lawyer in Perth
Biddulph & Turley provides will probate lawyer services in Perth, including handling probates, disputed wills, contested wills lawyer matters, and assisting clients who need to challenge a will. If a loved one has died and you believe the will is unfair or invalid, getting specialist legal advice quickly is essential. Call Biddulph & Turley on
08 9398 5533 to arrange a confidential consultation.
Contesting vs Challenging a Will in Western Australia
There is an important legal distinction between these two pathways. Contesting a will is a claim under the
Family Provision Act 1972 (WA) that the estate failed to make adequate provision for the applicant's maintenance, support,
or advancement in life. It does not dispute that the will is valid. Challenging a will attacks the document's validity under the
Wills Act 1970 (WA), on grounds such as lack of testamentary capacity or undue influence. Both pathways may be available
in the same matter, and identifying which applies is the first step a will probate lawyer in Perth will take with you.
Who Can Contest a Will in Western Australia?
Eligibility under the Family Provision Act 1972 (WA) is limited to specific categories of person. Eligible applicants may include the spouse or de facto partner of the deceased, children (including adopted children and, in certain circumstances, stepchildren), former partners who were receiving maintenance from the deceased, and parents of the deceased in limited situations. Estrangement alone does not automatically disqualify an applicant.
If you are unsure whether you qualify,
Biddulph & Turley
can assess your position and advise you before you commit to any course of action.
What Are the WA Time Limits for Contesting a Will?
Time limits are strict. Under the Family Provision Act 1972 (WA), a claim must be lodged within six months of the grant of probate or letters of administration. This deadline runs from the date probate is granted, not the date of death. Courts in Western Australia rarely grant extensions, and missing the deadline can permanently bar a valid claim. If you are approaching the six-month mark, contact a will probate lawyer immediately.
Can I Still Apply After the Six-Month Deadline Has Passed?
The Supreme Court of Western Australia may extend the time limit, but only in limited circumstances and rarely once the estate has been distributed. Anyone who has missed the deadline should seek advice immediately, as delay further reduces the chance of a successful extension application.
How Does the Process Work?
1. Seek legal advice promptly to confirm eligibility and identify the correct legal pathway.
2. Notify the executor in writing of your intention to claim, which may open early negotiation.
3. Gather supporting evidence, including financial records, correspondence, and documents relevant to the estate.
4. Lodge your application in the Supreme Court of Western Australia within the six-month time limit.
5. Attend mediation or negotiation. Most family provision matters resolve without a final hearing, though Biddulph & Turley will represent you fully if the matter proceeds to court.
Biddulph & Turley acts for executors, beneficiaries, and family members across Perth and greater Western Australia in both contested and uncontested probate matters.
What Does It Cost to Contest a Will in Western Australia?
Costs depend on whether a matter settles early or proceeds to a court hearing. Successful Family Provision claims are often paid from the estate, and Biddulph & Turley offers an initial consultation to assess a claim's strength before costs are incurred. Discussing funding options early helps avoid unexpected expenses as the matter progresses.
We act on a deferred-fee basis in appropriate matters — no fees until the matter is resolved.
OBLIGATION FREE Initial FREE claim assessment*
Will Probate Lawyer Frequently Asked Questions
What Is the Difference Between Contesting and Challenging a Will in WA?
Contesting of claims inadequate provision under the Family Provision Act 1972 (WA). Challenging disputes the will's validity under the Wills Act 1970 (WA).
How Long Do I Have to Contest a Will in Western Australia?
You generally have six months from the grant of probate to lodge a Family Provision claim. Extensions are rarely granted, so seek advice early.
Who Is Eligible to Make a Family Provision Claim in WA?
Eligible applicants include spouses, de facto partners, children, some former partners, and occasionally parents of the deceased. Stepchildren may qualify too, subject to criteria.
Can I Challenge a Will if I Think the Deceased Was Pressured into Signing It?
Yes. A will can be challenged for undue influence or lack of testamentary capacity. Preserving evidence, such as communications and medical records, early is critical.
Does Biddulph & Turley Act for Both Claimants and Executors?
Yes. Biddulph & Turley represents executors defending a will and family members contesting or challenging one across all estate dispute matters.
WE ALWAYS WORK IN A PROFESSIONAL MANNER
Speak With Biddulph & Turley Today
Biddulph & Turley is a legal practice with partners holding combined experience of over fifty years. Reg Biddulph, who heads the Wills and Estates team, has been recognised as a leading wills and estates court proceedings lawyer in Western Australia and is a member of the Society of Trusts and Estate Practitioners. The firm acts as a will probate lawyer for families and executors across the Perth metropolitan area, including South Perth, Cockburn Central, and surrounding suburbs. To discuss your matter in confidence, call 08 9398 5533 or find the firm via Biddulph & Turley on Google. Request a consultation today and protect your position before time limits apply.