How Long Do You Have to Contest a Will in WA?

Challenging a will in WA is a slow legal process that demands knowledge and rapid action. When you suspect that you have been unfairly disinherited or not really well taken care of, you should contact will contest lawyers as soon as you can to preserve your rights. Even when you have a worthy legal claim, waiting too long can contribute to a bleak future.

Understanding the schedules, prerequisites, and procedures of contesting a will in Perth can help you avoid possible pitfalls and make sound decisions due to the clarity of the law.

Legal Timeframe to Contest a Will in Western Australia

In Western Australia, the procedure to contest a will is directed by the Family Provision Act 1972 (WA). An eligible person must proceed to claim within six months of allowing probate or letters of administration by the competent authority.

When you do not meet this deadline of six months, the court may accept your application, but this should be on special occasions. This is why you should consider taking the probate lawyers Perth, as they will get your application done right and in time.

What Is a Grant of Probate?

You do not have the right to challenge a will until that will has first been granted probate by the court, i.e., formally recognised as valid, and the executor is capable of administering the estate.

The six-month period for the challenge services only begins once this grant is given. This is why it is essential to keep the timeline of probate under watch, especially when you feel there are reasons to challenge the contents of the will.

Who Can Contest a Will in WA?

Not everyone is legally eligible to contest a will. Under the Family Provision Act 1972 (WA), only the following individuals are allowed to lodge a claim:

• A spouse or de facto partner (including same-sex partners)
• A former spouse who was receiving or entitled to receive maintenance
• A child (biological, stepchild, or adopted)
• A grandchild who was financially dependent on the deceased
• A relative of the deceased, in some cases

The top probate lawyers can review your relationship with the deceased and advise on whether you satisfy the legal test to make a claim.

Typical Reasons for Challenging a Will

Individuals might challenge a will for a range of legitimate grounds. These are:

• Being left insufficiently provided for under the will
• Suspicion that the deceased had no mental capacity when signing the will
• Suspected undue influence by another individual
• Forgery or fraud
• Improper execution of the will

In all these instances, the best probate lawyer will procure supporting evidence and make a case that the Supreme Court of Western Australia requires.

Importance of Acting Quickly

Timing is among the most crucial elements in the success of a will challenge. Delaying to seek advice or not moving until after six months could lead to your claim being turned down outright. Even if accepted late, the success of such claims becomes more challenging to attain.

By consulting a lawyer who has an established reputation for challenging wills in WA early, you will ensure that you do not miss any crucial requirements and have the necessary legal background for your case.

What Occurs When a Will Is Challenged?

When you make a claim, the court will consider:

• The size of the estate
• The connection between the deceased and the claimant
• The claimant’s needs and financial situation
• Whether appropriate provision has been made under the original will

The issue may be settled through mediation or heard in court for a binding ruling.

How Probate Lawyers Can Help

Handling probate and will disputes is complicated, and there’s a need for a legal ally aware of the intricacies of WA estate law. Experienced probate solicitors in Perth will:

• Examine the will and find contestable issues.
• Make your application to the proper court.
• Advocate for you through mediation or litigation.
• Assist in negotiating a just division of assets.

Final Thoughts

Contesting a will is not a simple process, but it is legally correct. Your legitimate claim can be jeopardised by missing deadlines or ignorance of your eligibility. The Western Australian system gives room to someone who can challenge a will if within the necessary time limits and provided sufficient grounds exist with timelines and bases that are clear.

Call our experienced team today to discuss your options and gain trusted advice from Probate Lawyers Perth WA.