When Can You Contest a Will in Perth? Key Insights from Legal Experts

The need and hunger for wealth can create divides even among the closest people. Most people try to avoid this mess by creating a will. This document dictates all the relevant terms for settling a person’s fortune after passing and dividing it among family and relatives.

But what if the terms of the will are invalidated or there is an issue with the final division? In this case, you must tighten your belt and get ready for contesting a will in Perth.

If you are also preparing to contest a will, then you are at the right place. Here, we will learn all that is needed to know about contesting a will in Perth.

Understanding the Generic Grounds for Contesting a Will in 2025

In Australia, there are two different grounds for contesting a will. The first condition is where you bring the will’s validity into the question. On the other hand, if an individual did not receive adequate provision from the deceased estate, they can contest the will. These are the two different circumstances under which one can contest a will.

When Is a Will Considered Invalid?

When making a will, the first important thing is to ensure the person has the right mental capacity. This means they must have a clear understanding of the will’s nature and its effect at the time it is made. If a deceased person lacks the necessary mental capacity, the said will be considered invalid.

Other than that, here are certain conditions under which the will is considered to be invalid:

• The deceased was unaware or did not approve of the will’s content.
• The will fails to reflect the actual intentions of the deceased.
• Someone has misled the deceased or has been a subject of fraud.
• The person making the will had some kind of undue influence over the deceased while making the will.

What Does Adequate Provision From a Will Mean Anyway?

The court plays a very important role in determining whether someone has adequate provision. First, the court will assess the deceased’s relationship with the individual filing the claim. Then, the court will consider the individual’s future needs and compare them to the size of the estate.

Apart from all of that, the court will also evaluate a wide range of other relevant factors. This will include everything from things happening before or after the death of the deceased. If you also need to contest a will, you must get in touch with the best probate lawyer to get started.

What is the Process for Contesting a Will?

The overall process of contesting a will is quite simple as long as you follow the right steps and procedures. That said, let’s break down these steps for a better understanding:

Step 1: Appointing a Lawyer

The first thing you need to do is find a proper contested wills lawyer in Perth. While this is not a legal requirement, these professionals can be very helpful in navigating these complex procedures. They will even help determine your eligibility for contesting the will and work out all the relevant procedures.

Step 2: Gathering Evidence

Once you have a professional probate lawyer in Perth, it is time to gather the necessary evidence for building a case. Your focus should be on gathering accurate and relevant evidence to claim your entitlement. This is another area where the lawyer will walk you through the relevant criteria that you must meet to contest the will.

Step 3: Negotiate a Settlement

Before you take the case to court, you can even choose to negotiate a settlement between both parties. This is a great way to benefit both parties in terms of saving the time and effort needed for a court proceeding. But even so, make it a point to work with probate lawyers in Perth WA, to ensure you get a fair settlement.

Step 4: Mediation

The fourth step deals with mediation, during which the lawyer files initiating documents in the form of affidavits and summons. This is also when the estate executor provides the list of assets, which includes all the necessary information about the assets’ value and the entire estate’s current total value.

Step 5: Court Proceedings

In case the dispute reaches the court, they will determine if you have the right eligibility to contest the will. Other than that, the court will also decide if you have already got enough assets. The court will evaluate many factors, making it important for you to leverage the expertise of probate lawyers WA.

In Conclusion

Contesting a will is not that big of a challenge when you have the right expertise and resources. However, what’s truly important here is to follow the steps and procedures to realise this goal and contest a will. It is also important that you seek adequate legal representation from a trained professional to get things right.