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.

Family Provision Claims – Seeking a Fair Share of an Estate

What is a Family Provision Claim?

A Family Provision Claim is a legal action taken when a person believes they have not been adequately provided for in a will. Under Western Australia’s Family Provision Act 1972, certain eligible people can challenge a will and request a fairer share of the deceased’s estate.

If you were financially dependent on the deceased or expected to receive a larger inheritance, you may be able to make a Family Provision Claim to ensure you receive proper financial support.

Who Can Make a Family Provision Claim?

You may be eligible to apply if you were:

🔹 A spouse or de facto partner (including former spouses in some cases)

🔹 A child, stepchild, or adopted child of the deceased

🔹 A grandchild who was financially dependent on the deceased

🔹 A parent or sibling who relied on the deceased for financial support

Valid Reasons for a Family Provision Claim

✅ You were left out of the will unfairly – You expected to receive something but were excluded.

✅ You received less than expected – Your inheritance is not enough to meet your financial needs.

✅ The deceased had a moral obligation – If they failed to provide for you despite a reasonable expectation.

✅ You were financially dependent on the deceased – You relied on them for financial support before they passed.

📖 How Do Family Provision Claims Work?

📖 What Happens If You’re Left Out of a Will?

📖 How to Negotiate a Will Dispute Settlement

Explore More Estate Dispute Services

🔍 Need help with a will dispute? Visit our Estate Disputes & Litigation page to learn about Contesting a Will and Defending a Will Dispute.

Need to Make a Family Provision Claim? Speak to a Lawyer

If you have been unfairly left out of a will or did not receive a fair share, you have legal options. Our estate dispute lawyers can assess your case and help you claim the inheritance you deserve.

Book a Complimentary Consultation

Common Questions About Family Provision Claims

In Western Australia, you must file a claim within 6 months of probate being granted. If you miss this deadline, your right to challenge may be lost.
Yes. The court will assess your financial situation, the size of the estate, and whether you have a legitimate claim for further provision.
If the court finds that you were unfairly left out or not adequately provided for, it can adjust the distribution of the estate to give you a fair share.

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

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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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