How Can Legal Advice Assist In Resolving Contested Will Cases In Perth?

May 2, 2024    Probate Lawyers Perth
How Can Legal Advice Assist In Resolving Contested Will Cases In Perth?

It is a difficult process that requires negotiating a number of legal procedures and tactics to contest or challenge a will. With the increasing number of Will disputes, it’s critical to have knowledgeable contested wills & probate lawyers in Perth on your side.

An expert team can assist you in the following ways at every level of the process, whether you are defending against a challenge or contesting a Will.

Step 1: They Will Consult How To Proceed

Follow up on early strategic recommendations. During consultation, the legal counsel can determine the fundamentals of your claim’s validity and likelihood of success, as well as begin to develop an idea of the kind of approach you will require moving ahead.

Together, they determine the best line of defence to use against the challenger if you are defending a claim. A crucial point of their initial conversation was the need to keep in mind that there are stringent time constraints for making certain types of challenges.

Step 2: They Develop a Strategy For You

The best probate lawyers in Perth will schedule a meeting to begin gathering more in-depth data, including any information you’ve personally had trouble obtaining. They intervene to find the important documents when executors prevent customers from viewing the real Will.

Also, they examine each case since each individual, claim, and family is unique and has specific dynamics and situations that must be taken into consideration. This allows us to determine the strengths of a claim and the essential evidence to support it.

To determine what the likely conclusion would be, they consider these variables in addition to the beneficiaries’ and potential beneficiaries’ financial situations and the estate’s total value. In this phase, they lay out the projected budget, timetable, key tactics, and expected results.

Step 3: Claim Negotiation

Usually, the first step here is to make an effort to settle the conflict without going to Court. Your contested wills & probate lawyers in Perth will think that reasonable settlement proposals should be made early on, as this nearly always results in a superior financial outcome for all parties when future legal costs are included.

Before any legal proceedings need to start, we can use a variety of tactics and instruments to try to negotiate a just conclusion through polite discourse.

Step 4: They Help You With Court Proceedings

The best probate lawyers in Perth will file a claim with the Supreme Court if the early negotiations fail to address the issue. A Writ of Summons must be filed in conjunction with an affidavit outlining the supporting documentation the claimant believes supports their position in order to start legal proceedings.

Co-defendants in the case are all beneficiaries of the Will whose portion of the estate may be impacted by the claim. At this point, the Court is eager to see parties settle if they can. Lawyers on both sides are encouraged to try to reach an agreement on a set of programming orders that will force the matter into a court-ordered mediation as soon as possible—even before the defence has an opportunity to present its case.

Step 5: Seek Assistance For Mediation

To resolve the dispute amicably and put an early stop to it, a Court Registrar who has received mediation training will oversee and facilitate this within the Court itself. The vast majority of cases are resolved at mediation, where there is a very high success rate.

Clients seek to avoid strained relationships, wasted time and money, and the anxiety of going to trial. But sometimes trials are unavoidable, particularly when there are millions of dollars at stake, and the case is extremely complex.

Step 6: They Help You Throughout The Trial

The ultimate resort is to go to trial before a judge to have that judgment made if the parties are unable to come to an amicable resolution. Trials can take anywhere from one day to several weeks, with months of planning and preparation beforehand.

This is where contesting will lawyers in WA help you by presenting numerous witnesses and copious amounts of evidence in trials, particularly in cases involving disagreements over property contributions or the necessity to determine if a person is a de facto spouse.

Following the conclusion of a trial, the judge will render a decision that will be documented in writing. Appeals after this point are possible, although they are not common.

Step 7: Final Settlement

Of course, agreements can be reached at any point throughout the process to avoid going to trial. As we’ve already mentioned, our goal is to settle with you as soon as possible, painlessly and efficiently.


With this comprehensive guide, you now know the importance and key role of probate lawyers in Perth in resolving contested will cases. So, hire the best probate lawyers in Perth, WA, and get started today!

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