Knowledgeable Contested Wills Lawyer Serving Perth
When you believe a will has treated you or someone you love unfairly, the law in Western Australia may give you options. Biddulph & Turley has handled will disputes and estate court proceedings for over 30 years. Whether you have been left out of a will, received less than you expected, or have concerns about how a will was made, our contested wills lawyer in Perth can advise you on your rights and next steps. Call
08 9398 5533
to arrange a confidential consultation.
Contesting vs Challenging a Will in Western Australia
These are two distinct legal processes. Contesting a will means seeking greater provision from an estate under the Family Provision Act 1972 (WA). The will may be perfectly valid, but you are asking the Supreme Court to make fairer provision for you. Challenging a will disputes whether the will itself is legally valid. Common grounds under the Wills Act 1970 (WA) include lack of testamentary capacity, undue influence, or defects in execution. Both pathways are available in WA and may apply to the same estate. For details on validity challenges, see our page on challenging a will for undue influence or lack of capacity in WA.
Who Can Contest a Will in Western Australia?
Under the Family Provision Act 1972 (WA), eligible persons may include a spouse or de facto partner, a child of the deceased (including adult children), a dependent grandchild, and, in some circumstances, a stepchild. Western Australian courts have recognised that adult children with genuine financial need, a history of contribution, or a close relationship with the deceased can succeed in family provision claims. The court weighs your circumstances against those of other beneficiaries and considers the size and nature of the estate. A contested wills lawyer can assess your eligibility before any proceedings begin.
What Are the Time Limits for Contesting a Will in WA?
A claim under the Family Provision Act 1972 (WA) must ordinarily be commenced within six months of the grant of probate or letters of administration. Missing this deadline may extinguish your right to claim. Courts may grant extensions in limited circumstances, but these are not guaranteed. Seeking legal advice promptly is essential. Biddulph & Turley acts quickly to protect your position and ensure time-sensitive steps are taken correctly.
The Mediation and Court Proceedings Process
Most contested wills matters in WA do not proceed to a final hearing. Biddulph & Turley guides clients through each stage:
1. Initial consultation to assess eligibility, claim strength, and estate value.
2. A formal letter of claim was sent to the executor.
3. Exchange of financial disclosure, including estate inventories and evidence of need or contribution.
4. Mediation, where parties attempt a negotiated resolution with an independent mediator.
5. Court proceedings in the Supreme Court of Western Australia if mediation does not resolve the matter.
Many disputes settle at mediation because both sides often prefer a certain outcome to the cost and risk of a hearing. Our solicitors focus on practical, cost-effective outcomes for clients on both sides of a dispute.
Acting for Claimants and Beneficiaries
Biddulph & Turley acts for both those seeking provision from an estate and those defending one. If you are a claimant, we gather relevant evidence and present your case at mediation or in court. If you are a beneficiary or executor, we help you evaluate the merits of any claim, respond appropriately, and protect what the will-maker intended. Early legal advice from a contested wills lawyer tends to produce better outcomes in either position.
For a broader overview, visit our contested wills and probates page or read about Biddulph & Turley on Google.
Frequently Asked Questions About a Contested Wills Lawyer
What Does It Mean to Contest a Will in WA?
Contesting a will means applying to the Supreme Court under the Family Provision Act 1972 (WA) for a fairer share of a valid estate.
How Long Do I Have to Contest a Will in Western Australia?
You generally have six months from the grant of probate or letters of administration to file a claim, with limited court discretion to extend.
Can an Adult Child Contest a Will in WA?
Courts weigh financial need, relationship with the deceased, contributions, and other beneficiaries' needs. Being an adult, self-sufficient, or estranged does not automatically defeat a claim.
How Much Does It Cost to Contest a Will in WA?
Costs vary by estate complexity, claim strength, and whether it settles or proceeds to hearing. Biddulph & Turley offers deferred-fee arrangements in appropriate matters.
What Is the Difference Between Contesting and Challenging a Will?
Contesting claims provision under the Family Provision Act 1972 (WA). Challenging disputes of validity under the Wills Act 1970 (WA) for incapacity or undue influence.
WE ALWAYS WORK IN A PROFESSIONAL MANNER
Speak to a Contested Wills Lawyer Today
Will disputes be time-sensitive and emotionally demanding? Biddulph & Turley offers experienced legal representation for families, with offices
in Cockburn Central and South Perth. Whether you are considering a claim or need to defend an estate, our contested wills lawyer serving Perth can advise you clearly and act without delay. Call 08 9398 5533 or use our contact page to request a confidential consultation.