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If you feel that you have not got enough share and after the death of a loved one, you can contest the Will. When you feel the deceased had an obligation to leave you something in the Will, you contest a Will after probate. There is a certain process that needs to be followed if you are contesting a will after probate has been granted. call us at Probate Lawyers Perth, WA to know more about it.
Conditions that must be satisfied
Before you contest a Will, there are a few conditions that you must satisfy:
You must satisfy eligibility conditions (in terms of relationship with the deceased) too when you are contesting a Will. There are strict time limits for contesting a Will and applications to the Court must be made within 6 months of the probate being granted.
Hiring a good probate lawyer is really important to make sure you have the maximum chance of receiving a favourable outcome in your claim. At Probate Lawyers Perth, we have experienced lawyers who will not only help you judge the strength of your claim but also identify whether you are eligible to file a claim or not. We provide affordable probate lawyers Perth who are dedicated and specialized in issues related to Wills and probate.
When you are contesting a will, it is important to remember that even if you win the case, you might not be granted the entire portion of the estate you are claiming. Each case is different and how a case of probate contest turns out, depends
In WA, eligible persons such as spouses, de facto partners, children, dependants, and those who had a close personal or financial relationship with the deceased may contest a probate. Speaking with probate lawyers in Perth helps confirm eligibility.
A probate may be challenged due to concerns like undue influence, lack of testamentary capacity, fraud, improper execution of the will, or unfair distribution to eligible beneficiaries.
In Western Australia, you generally have 6 months from the date probate is granted to make a Family Provision Claim. Acting quickly ensures you meet all legal deadlines.
While not mandatory, contesting probate involves complex legal, financial, and procedural steps. Hiring an experienced probate dispute lawyer improves your chances of a successful outcome.
If the court rules in your favour, it may alter the distribution of the estate, provide financial provision, or invalidate parts of the will. A skilled probate lawyer in WA can guide you through possible outcomes.
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