
Estate Litigation Leaders
Estate Litigation & Dispute Resolution
Protecting Your Rights in Will & Estate Disputes
At Bechelet & Co, we are leaders in resolving estate disputes in Perth, whether through negotiation, mediation, or litigation. If you are facing a will dispute, executor issue, or inheritance challenge, we can help protect your interests.
What is Estate Litigation?
• Estate litigation involves legal disputes over wills, inheritances, and the administration of estates.
• Common cases include contesting a will, removing an executor, or defending an estate from unfair claims.
How can Bechelet & Co assist?
Contesting a Will
If you have been unfairly left out of a will in WA or received less than expected, you may have the right to contest it under a family provision claim.
Our team will assess your eligibility, advise you on your legal rights, and represent you through negotiation, mediation, or court proceedings to seek a fair outcome.
💡 Learn more about contesting a will
Defending a Will
Executors and beneficiaries often face legal challenges when a will is contested. We provide strong legal representation to protect the validity of the will and ensure the estate is distributed as intended.
Whether through mediation or litigation, we help you navigate the dispute while minimising legal costs and delays.
💡 Read more about defending a will and what it means for executors.
Executor & Trustee Disputes
An executor or trustee has a legal obligation to manage the estate fairly and in accordance with the will. If an executor is failing in their duties, mismanaging funds, or acting in their own interests, beneficiaries may have grounds for legal action.
We assist clients in:
✔ Challenging an executor’s decisions
✔ Applying for executor removal if misconduct is proven
✔ Defending executors facing disputes
💡 Check our blog on common executor mistakes and how to address them.
Family Provision Claims (Inheritance Disputes)
If a family member has been left without adequate provision in a will, they may be able to claim a fair share of the estate under the Family Provision Act.
We help eligible claimants—including spouses, children, and dependents—file claims and negotiate settlements to ensure they receive the provision they need.
💡 Learn more about Family Provision Claims and eligibility
Challenging Estate Mismanagement & Fraud
Executors and trustees are responsible for managing the estate transparently and fairly. If assets are missing, funds are misused, or an executor is acting dishonestly, legal intervention may be required.
We provide legal guidance for:
✔ Investigating estate mismanagement or fraud
✔ Applying for financial recovery
✔ Holding executors accountable in court
💡 Read our blog on estate fraud and how to prevent it.
Mediation & Alternative Dispute Resolution
Estate disputes don’t always have to go to court. Many claims can be settled through mediation, saving time, money, and unnecessary stress.
Our lawyers specialise in estate mediation, helping families resolve conflicts while preserving relationships.
💡 Explore our blog on mediation vs. court litigation in estate disputes.
Probate & Estate Administration Disputes
The probate process is not always straightforward. If there is uncertainty over the validity of a will, an executor’s role, or how an estate should be distributed, legal action may be necessary.
We assist with:
✔ Resolving probate challenges
✔ Ensuring estates are administered lawfully
✔ Handling disputes between executors and beneficiaries
💡 Check out our blog on common probate disputes and how to resolve them.
The Bechelet & Co Estate Litigation Process
At Bechelet & Co, we guide you through every step of an estate dispute, ensuring a clear and strategic approach.
1️⃣ Initial Consultation – Understanding Your Case
✔ Assess your situation, the will, and legal options
✔ Provide clear advice on the next steps
2️⃣ Case Evaluation & Strategy
✔ Investigate legal grounds (e.g., unfair wills, executor misconduct)
✔ Gather evidence and develop a strategy
3️⃣ Negotiation & Mediation – Settling Without Court
✔ Attempt to resolve disputes early through negotiation
✔ Mediation can lead to a faster and cost-effective outcome
4️⃣ Court Proceedings (If Needed)
✔ If no settlement is reached, we initiate legal action
✔ Represent you in the Supreme Court of Western Australia
5️⃣ Resolution & Finalisation
✔ Court issues a ruling or a settlement is reached
✔ Ensure the estate is properly administered
Frequently Asked Litigation Questions
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Yes, in Western Australia, you may be able to challenge a will under the Family Provision Act if you were left out or believe you were not adequately provided for. Eligible claimants typically include spouses, children, and dependents.
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Executors have a legal duty to administer the estate fairly. If an executor delays distribution, withholds assets, or mismanages funds, legal action may be required. You may be able to apply to the court to remove the executor or request the court direct the estate be distributed.
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In Western Australia, you must file a claim within 6 months of the grant of probate. Missing this deadline can make it much harder to contest the will, so seeking legal advice early is critical.
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Yes. An executor can be legally removed by application to the Supreme Court if they:
✔ Fail to act in the best interests of beneficiaries
✔ Mismanage estate funds
✔ Delay the probate process without reason
✔ Act dishonestly or fraudulently
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While you can’t prevent an eligible person from filing a claim, a well-drafted will minimises the risk of disputes. If a claim is made and there is a properly drafted Will there are presumptions the person had testamentary capacity, acknowledged and approved the Will and it will have been duly executed.
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No. Many estate disputes are resolved through mediation or negotiated settlements, avoiding the stress and cost of litigation. However, if an agreement cannot be reached, the case may proceed to court.
Work with Bechelet & Co
Protect your rights and secure a fair outcome in your estate dispute. Whether you’re contesting a will, facing executor issues, or defending an estate, our leading litigation team is here to help. Contact Bechelet & Co today to discuss your case and take the next step toward resolution.
• Phone: (08) 6278 1538
• Email: hello@bechelet.co
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.
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