According to Administration Act 1909, if a dependent individual related to a deceased person does not feel that they have received the right provision that they deserve from the will of the deceased person then they are liable to apply for a provision under section 7 of the Family Provision Act to the will of the deceased person.
WHEN CAN INDIVIDUAL CHALLENGE A WILL?
An individual directly related to the deceased person and not from the marriage have the right to dispute a will according to the section 7 of Family Provision Act 1972. The following persons hold the right to challenge a will and declare it as dispute:
1.A person getting married to the deceased individual immediately before the death
2.A de facto partner started to living in with the deceased immediately just before the death
3.Legal parent of the deceased individual
4.A former spouse of a deceased individual who has been receiving maintenance from the estate of the deceased or if they were liable to get something for the maintenance after the death of the deceased individual.
5.A child born 10 months after the death of the deceased is also liable to apply for the provision from the will of the deceased person
6.Step child of the deceased individual who has already been getting maintained whether wholly or partly by the provision provided by the deceased individual
If you are still in confusion on how to dispute a will, then book a session with our lawyer. Our attorney can guide you with all the procedures involved and can verify your documents to see that how much provision can be granted to you and negotiate with the court to grant more in your favor.
There are certain things that one applying for the provision should provide in the court. They are:
1. Their relation with the deceased person
2. Why do they think they deserve more in the will?
3. Why do they think they will not be provided with proper provision? There are always certain terms and conditions involved and it is pretty difficult for an individual to understand every aspect of it.
Above all to dispute a will you need a legal guidance when you are fighting this case. Our team of experienced lawyers can surely provide you with the solution that you are looking for. We can be easily accessible over phone or email. Get in touch with us soon.
In Western Australia, only individuals recognized as eligible persons under the Family Provision can dispute a will. This includes the deceased’s spouse, de facto partner, children, stepchildren, parents, and, in some cases, dependants or grandchildren who relied on the deceased for financial support. To make a valid claim, the applicant must show that the will did not make adequate provision for their maintenance, education, or advancement in life.
To dispute a will, you may need to provide evidence such as medical records, witness statements, or documentation showing financial dependency or undue influence. Gathering strong evidence early can significantly strengthen your claim. Our team assists clients in collecting and presenting the right evidence to support their case effectively during mediation or court proceedings.
Yes. Many will disputes are resolved through mediation or negotiation before reaching court. This approach can save time, reduce legal costs, and avoid unnecessary emotional stress. Our Will Lawyers Perth aim to achieve fair settlements through alternative dispute resolution whenever possible, while still being fully prepared to represent you in court if necessary.
Under the Family Provision Act, you must file a claim within six months from the date of the grant of probate or letters of administration. Missing this deadline can make it difficult to pursue your claim. However, courts may grant extensions in exceptional circumstances. It’s best to contact an Expert Lawyer as soon as possible to preserve your rights and begin the legal process promptly.
There are several common grounds for disputing a will in Western Australia. A will may be challenged if the deceased lacked mental capacity when making it, meaning they did not fully understand their decisions or the consequences. Other common reasons include undue influence, where someone pressured the deceased into making certain choices, or fraud, where the document is not genuine. A will can also be disputed if it fails to make adequate provision for eligible family members or dependants.
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