What are the legal requirements for writing a will in Western Australia?

In Western Australia, writing a valid will requires the will-maker to be at least 18 years old, of sound mind, and to sign the will in the presence of two witnesses. The will must clearly outline the distribution of the estate and the appointment of executors. It’s essential to consult an estate planning lawyer in WA to ensure your will complies with all legal requirements. Learn more about our estate planning services here.

How can I update my will in Western Australia?

To update your will in Western Australia, you can create a new will or add a codicil, a legal document used to amend a will. It’s crucial to consult a wills and estates lawyer in Perth to ensure the changes are legally valid and that your intentions are clearly expressed. Explore our will preparation services.

What is succession planning, and why is it important?

Succession planning involves preparing for the transfer of your estate to your beneficiaries. It ensures that your assets are distributed according to your wishes and minimizes potential disputes. Effective succession planning in WA often includes creating a will, establishing trusts, and appointing powers of attorney. Discover our succession planning solutions.

How long does probate take in Western Australia?

The probate process in Western Australia typically takes 4 to 6 weeks, depending on the complexity of the estate and whether there are any disputes. Our experienced probate lawyers in Perth can help expedite the process. Find out more about applying for probate.

What are the steps to apply for probate in Perth WA?

Applying for probate involves several steps: gathering the deceased’s assets, filing an application with the Supreme Court of WA, and providing the will and death certificate. Our team can assist you through each stage to ensure a smooth process. Learn more about our probate application services.

What happens if someone dies without a will in WA?

If a person dies intestate (without a will) in Western Australia, the estate is distributed according to the intestacy laws. This often results in a distribution that may not align with the deceased's wishes. Contact our deceased estate administration team for guidance.

How can I contest a will in Western Australia?

To contest a will in WA, you must be an eligible person, such as a spouse, child, or dependent, and you must demonstrate that the will does not provide adequate provision for your needs. Our expert inheritance dispute lawyers can assist you in making a claim. Read more about contesting a will.

Can you contest a will after probate in WA?

Yes, you can contest a will even after probate has been granted. However, there are strict time limits, so it’s crucial to act quickly. Contact our estate litigation team for immediate assistance.

What are family provision claims, and who can make them?

Family provision claims allow eligible family members to contest a will if they believe they haven’t been adequately provided for. In Western Australia, claimants can include spouses, children, and dependents. Our family provision claims service can help you understand your rights.

How do I create an enduring power of attorney in WA?

An enduring power of attorney allows you to appoint someone to manage your financial affairs if you become incapacitated. The document must be signed and witnessed properly to be legally valid. Our lawyers specialize in drafting enduring powers of attorney. Learn more about powers of attorney.

What is an enduring power of guardianship, and why is it important?

An enduring power of guardianship allows you to appoint a guardian to make personal and lifestyle decisions for you if you become unable to make them yourself. It’s a critical part of any comprehensive estate plan in Western Australia. Explore our guardianship services.

What are common reasons for estate disputes in WA?

Common reasons include claims of inadequate provision, disputes over the validity of the will, and disagreements among beneficiaries. Our estate dispute lawyers can mediate and resolve conflicts efficiently. Learn more about our estate dispute resolution services.

How do you resolve inheritance disputes in WA?

Inheritance disputes can be resolved through negotiation, mediation, or litigation. Our experienced legal team can guide you through the best approach for your situation. Visit our inheritance dispute page for more information.

What is the cost of estate litigation in WA?

The cost varies depending on the complexity of the case. We offer transparent fee structures and can discuss potential costs during an initial consultation. Contact our estate litigation team for a cost estimate.

Defending a Will Dispute – Protecting the Deceased’s Wishes

Can You Defend a Will from a Legal Challenge?

If you are a beneficiary, executor, or interested party, you may need to defend a will if someone contests it through a Family Provision Claim or legal challenge. Defending a will ensures that the deceased’s true intentions are upheld and that the estate is distributed according to their wishes.

Disputes often arise when excluded family members or individuals seek a greater share of the estate, but not all claims are valid. If you believe a claim is unjustified or unreasonable, seeking legal advice is crucial.

Common Reasons to Defend a Will

✅ The Will Was Valid & Properly Executed – It was signed with full mental capacity and free will.

✅ The Claim is Unfounded – The challenger was not financially dependent or has no valid legal right.

✅ The Estate is Fairly Distributed – The deceased’s intentions were clear and reasonable.

✅ Avoiding Unnecessary Delays – Contesting a will can delay estate distribution for months or even years.

Who Can Defend a Will?

🔹 Executors of the Estate – Responsible for upholding the will and defending against claims.

🔹 Beneficiaries Named in the Will – Have a right to protect their inheritance from unfair claims.

🔹 Interested Parties – Individuals who believe the will was valid and should be upheld.

📖 How to Defend a Will Dispute?

📖 What Evidence is Needed to Defend a Will?

📖 What Does the Court Consider in a Will Contest?

Explore More Estate Dispute Services

🔍 Need legal support in an estate dispute? Visit our Estate Disputes & Litigation page to learn about Contesting a Will and Family Provision Claims.

Need to Defend a Will? Speak to an Estate Lawyer

If you are an executor or beneficiary facing a will dispute, our experienced estate litigation lawyers can help you protect the deceased’s wishes and your rightful inheritance.

Book a Complimentary Consultation

Common Questions About Defending a Will

The executor must provide evidence that the deceased had mental capacity, understood the will’s contents, and was not pressured or coerced when making it.
If a court determines the challenger was unfairly excluded, it may adjust the estate distribution. However, an experienced estate lawyer can negotiate settlements to protect beneficiaries.
Disputes can take several months to years, depending on whether they are resolved through mediation or court proceedings.

Get Started with Bechelet & Co

Contact our expert estate lawyers in Perth today to discuss your options and book a consultation.

• Contact Us

• Phone: (08) 6278 1538

• Email: hello@bechelet.co

Book a Complimentary Consultation

Our Multilingual Team

We are proud to offer our services in multiple languages. Our team speaks Sinhala/Sinhalese, Vietnamese, and German. Feel free to contact us in your preferred language—we’re here to assist you.

What Our Customers Say

Danielle provided an excellent service drawing up my documents. Her advice was clear and she was very efficient and professional. Would highly...

Paula J
The experience was great from start to finish. Danielle communicated with us very well and made it a quick and straight forward process...

Ben C
Danielle was extremely understanding, thorough and at all times professional in regards to my case. She achieved the outcome I required...

Clayton L
Danielle was a pleasure to deal with. She is a very professional and passionate person who I would happily recommend to anyone.

Keith P
Amazing service, Danielle was quick when replying to any questions I had and consistently gave me honest advice on how to proceed...

Faith K

Free 15 Minute Consultation!

30-Day Satisfaction Guarantee!

Fixed Fee. No Hidden Costs!

Latest Insights

How to Avoid Family Feuds Over Your Estate: Lessons from WA Cases

Learn how to prevent family disputes over your estate with lessons from real WA cases. Clear wills and effective estate planning are crucial. Read more…

Read More
The Hidden Dangers of Dying Without a Will in WA

Discover the consequences of dying without a will in WA. Learn how to protect your family from legal battles and probate delays. Read our guide now…

Read More

Defending a Will Dispute – Protecting the Deceased’s Wishes