Contesting a Will: The Legal and Emotional Consequences in WA
In Western Australia, the emotional aftermath of losing a loved one can be compounded when a will is contested. Estate litigation is never just about the money; it’s about emotions, family dynamics, and deeply rooted issues in relationships. The process of contesting a will can drag families through years of legal battles, drain financial resources, and leave wounds that may never fully heal. In this blog, we’ll discuss the reality of contesting a will in Perth, highlighting examples of unexpected outcomes and offering insight into the legal and emotional consequences involved.
Why People Contest Wills
Contesting a will often stems from feelings of unfairness or betrayal. Common reasons include claims of undue influence, mental incapacity, or that the will does not provide adequate provision for a dependent. But no matter the cause, the emotional cost can be significant. In WA, will disputes can lead to years of strained relationships and, in some cases, the permanent fracturing of families.
The Case of the Disinherited Daughter
Consider the story of Rachel, who was left out of her mother’s will. Rachel had been estranged from her mother for years, but upon her mother’s passing, she felt entitled to a portion of the estate. Believing she was unjustly excluded, Rachel initiated a will dispute in WA, claiming her mother was unduly influenced by her stepfather. The case dragged on for three years, with both sides accumulating hefty legal fees. The stress and emotional strain fractured the relationship between Rachel and her half-siblings, who felt betrayed and resentful.
Lesson 1: The Emotional Toll of Estate Litigation
Contesting a will is not just a legal process; it’s an emotional rollercoaster. The fight can leave family members feeling bitter and broken. Before pursuing litigation, consider mediation as an alternative to resolve disputes amicably.
When a Family Trust Is at Stake
In another high-profile WA case, the contested estate included a family trust worth millions. When the patriarch of the family passed away, his eldest son contested the will, arguing that his father was coerced into changing the terms of the trust in favor of his new wife. The litigation not only drained the family’s financial resources but also exposed personal family issues, turning the once-close family into adversaries. The court ultimately ruled in favor of the new wife, leaving the son resentful and estranged from his younger siblings.
Lesson 2: Understand the Financial Risks
Estate litigation can be extremely costly. If you lose, you may be ordered to pay the other party’s legal fees, depleting any benefit you may be due to receive from the estate. Weigh the financial risks carefully before proceeding and consult a Perth will dispute lawyer to understand your chances of success.
The Legacy of Distrust
Family fallout from will contests can last generations. Take the case of the Martin family, where two brothers ended up fighting over their mother’s will. Their mother had left the family farm to the younger brother, believing he would continue to work the land. The older brother, who had moved to the city, felt he was unfairly left out. The will dispute not only cost them thousands but also destroyed their bond. The family farm was eventually sold to cover legal expenses, erasing a legacy that had been in the family for over a century.
Lesson 3: Protect Your Family Legacy
To prevent such disputes, it’s crucial to work with an experienced estate planning lawyer. A well-drafted will can minimise ambiguity and reduce the likelihood of estate litigation. Transparency and family discussions can also be beneficial, even if they are difficult.
The Legal Process of Contesting a Will in WA
The process of contesting a will in WA is not straightforward. You must have legal grounds, such as proving the deceased lacked mental capacity, was unduly influenced, or that the will fails to provide adequate provision for dependents. Filing a claim typically involves complex legal procedures, and the outcome is never guaranteed. Engaging a Perth will dispute lawyer early in the process is essential to navigate the intricacies of estate litigation.
Practical Tips to Avoid Will Disputes
1. Draft a Comprehensive Will
Clear, legally sound wills can reduce the likelihood of disputes. Consider using a lawyer who specialises in WA estate planning to ensure all potential issues are addressed.
2. Communicate Your Intentions
Talking to your family about your decisions can prevent misunderstandings. While this may not be comfortable, it can save your loved ones from future conflict.
3. Consider a statutory declaration to explain your reasons
In some cases, preparing a statutory declaration explaining the reasons why you left a family member out can deter persons from challenging your will. Though you should consult a lawyer to see if this is appropriate in your situation.
4. Plan for Family Dynamics
If you foresee disputes, address them directly in your estate plan. Testamentary trusts can be effective tools for complicated family situations.
Conclusion: Is Contesting a Will Worth It?
The decision to contest a will should never be taken lightly. The legal and emotional consequences can be severe, and the outcome is often unpredictable. At Bechelet & Co, we specialise in will disputes and estate litigation in WA, and we can help you understand your options and make informed decisions.
Thinking of contesting a will? Schedule your complimentary 15-minute consultation with our experienced lawyers to discuss your case.
Book here:https://bechelet.co/contact
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.