We Negotiate and Resolve Your Inheritance Dispute Without Wasting Years of Family Warfare
When substantial family wealth is at stake, the smartest victory may be the one achieved outside court. We help executors and claimants negotiate confidential settlements, preserve estate value and bring disputes to a decisive conclusion.
What exactly is a will dispute?
A will dispute starts when someone questions whether a will is legally valid, or says they were left without fair provision. In Western Australia these matters are decided in the Supreme Court of WA. Many settle through negotiation; some go to a full hearing.
Both have strict deadlines. The sooner you get advice, the more options you keep.
Talk to UsWhich side of the dispute are you on?
Challenging a will
We assess whether you have a viable claim, explain the process and likely costs, give you an honest view of your position, and represent you through negotiation, mediation or court if needed.
- Review the will and estate
- Check your eligibility and deadlines
- Protect the estate where appropriate
- Push for a fair, timely outcome
Defending a will
Executors and beneficiaries need to respond correctly and on time. We explain the claim, protect the estate and the deceased’s wishes, and defend or settle on terms that safeguard your interests.
- Understand the claim against you
- Meet your duties as executor
- Respond within required timeframes
- Negotiate or defend with a plan
Whichever side you’re on, our goal is the best result with the least conflict, cost and delay.
Six grounds for challenging a will
If a challenge succeeds, the will (or part of it) can be set aside, and the estate may pass under an earlier will or the intestacy rules.
Lack of Testamentary Capacity
The maker must have understood the will, their assets and who they were providing for. Illness or medication can raise doubts.
Undue Influence
Improper pressure from another person can lead to a will being set aside.
Lack of Knowledge & Approval
The maker must have known and approved the contents. Confusion or no independent advice may invalidate the will.
Improper Execution
Wills must be signed and witnessed correctly under WA law, though informal wills can sometimes be validated.
Fraud or Forgery
A forged signature or fraudulently altered will can be challenged.
Revocation
A will revoked by a later will, destruction, or by law (such as marriage) can be contested.
Could you make a family provision claim?
A quick guide only. It is general information, not legal advice.
Family provision claims in Western Australia
Even a perfectly valid will can be challenged if it doesn’t make adequate provision for someone’s proper maintenance, support, education or advancement in life. It’s one of the most common kinds of will dispute in WA.
Who can apply?
- Spouse or de facto partner (including some former spouses)
- Children, including adult, adopted and, in some cases, stepchildren
- Grandchildren who were being maintained
- Parents the deceased had a responsibility to provide for
What does the court weigh?
- Financial needs and resources
- Size and nature of the estate
- Age, health and earning capacity
- Relationship and moral obligation
- Contributions made to the estate or the deceased’s welfare
- Needs of other beneficiaries and reasons for exclusion
What can the court order?
If provision is inadequate, the court can redistribute all or part of the estate: a lump sum, a transfer of property, ongoing income, or a variation of beneficiaries’ shares.
Months. Don’t miss the deadline.
Family provision claims must generally be brought within 6 months of the grant of probate or letters of administration. Extensions aren’t guaranteed.
How a will dispute unfolds in WA
Discovery Call
We listen, understand the background and give an honest first view of any claim or defence. Confidential.
Detailed Assessment
We review the will, assets, family circumstances and evidence, then assess strength and likely costs.
Caveat (if suitable)
Where probate hasn’t been granted, a caveat in the Supreme Court can pause the grant while the dispute is resolved.
Negotiation & Mediation
Most disputes resolve here: faster, cheaper and less damaging to family relationships than litigation.
Court Proceedings
If needed, we prepare and file documents and represent you in the Supreme Court, keeping you informed throughout.
Resolution
A settlement, mediated agreement or court order is reached, and the estate can be administered.
Does this sound familiar?
“Mum changed her will just before she died.”
Late changes, especially where the maker was elderly, unwell or cared for by a beneficiary, can raise undue influence or capacity concerns.
“Dad left everything to his new partner.”
Adult children left out or heavily reduced may have a family provision claim where there was a moral obligation to provide.
“My sibling is executor and won’t share information.”
Beneficiaries are entitled to be kept informed. Evasive or self-interested executors may need to be challenged.
“I depended on them and I’m not in the will.”
Carers, de facto partners and disabled children may still be eligible to claim.
“We think the will is forged.”
Concerns about a signature or tampering can ground a fraud or forgery challenge, sometimes backed by forensic evidence.
“I’m the executor and someone is threatening to contest.”
We help you assess the claim, take proper steps, and negotiate or defend to protect the estate.
What does a will dispute cost?
Cost depends on complexity and how the matter resolves.
Discovery call
Our first conversation costs nothing.
Negotiated settlement
Usually the most cost-effective, with no court filing fees or extensive preparation.
Mediation
Extra preparation and a mediator’s fee, but generally far less than court.
Court proceedings
Court fees, evidence and hearing representation increase costs substantially.
We give a clear cost estimate before you commit and discuss funding options, including whether costs may be recovered from the estate.
Why Perth families choose us
- We act for both sidesContesting or defending, you get an advocate who understands both positions.
- Resolution-first approachWe look for settlement and mediation before court wherever it serves you.
- Honest early assessmentWe tell you upfront whether a claim has merit and what’s realistic.
- Clear cost guidanceExpected costs explained at every stage, so no surprises.
- Compassionate, firm advocacyWill disputes are personal. We pair empathy with strong representation.
- Phone & video consultsSpeak to us from wherever you are on 08 6189 8639.
Frequently asked questions
Can I contest a will in Western Australia?
Yes, in two ways: by challenging the validity of the will, or by making a family provision claim under the Family Provision Act 1972 (WA) if you’re an eligible person and the will doesn’t adequately provide for you. Strict time limits apply, so speak with us early.
How long do I have to make a claim?
Family provision claims must generally be made within 6 months of the grant of probate or letters of administration. The court may allow an extension, but it isn’t guaranteed.
Do most will disputes end up in court?
No. Most are resolved through negotiation or mediation, which is usually quicker, cheaper and less stressful.
Will the estate pay my legal costs?
In many successful family provision claims, costs are paid in whole or part from the estate. We can advise on your situation.
Let’s talk about your situation.
Tell us a little about the dispute and our team will contact you. Prefer to talk now? Call us directly.
08 6189 8639