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When a person dies without a will, close family members can apply for inheritance claims to the property or challenge the Will. At Probate Lawyers Perth, we have extensive experience in dealing with matters related to Wills and probate and can help you file a claim for inheritance. Contact us to seek professional legal advice regarding inheritance claim in Australia.
Who is eligible?
Under current laws in Western Australia, people in the following relation with the deceased individual can apply for inheritance claims:
It must be kept in mind that there are some inheritance claims time limit for applying. In Western Australia, an application can be filed within 6 months of the date when the court grants probate or letters of administration.
Since 2013, applications for inheritance act claims can be made by step-children of the deceased individuals provided they meet certain conditions. This provision makes sure different types of families face no problem with inheritance and the characteristics of step-children must satisfy the following:
For the inheritance claims to be granted, it is also necessary for the step-children to establish that he or she is entitled to be maintained by the deceased. The inheritance claims provision allows eligible person to contest the distribution mentioned in the will. If you want to file an inheritance claim, contact us today at Probate Lawyers Perth so our experienced probate lawyers can assist you.
In WA, eligible family members such as spouses, de facto partners, children, stepchildren, and certain dependents may be entitled to make an inheritance claim if they believe the Will did not provide adequate provision.
You generally have 6 months from the date the Grant of Probate is issued to file an inheritance claim. Missing this deadline can limit your legal options, so it’s best to seek advice early.
Yes, working with experienced inheritance claims lawyers helps you understand eligibility, prepare strong evidence, and navigate court procedures effectively.
If a person dies without a Will (intestate), eligible family members may still challenge the distribution of the estate under WA’s Family Provision Act.
Probate Lawyers Perth WA provides expert guidance in assessing your claim, preparing legal documents, negotiating settlements, and representing you in court to secure a fair share of the estate.
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