Generally, a person has a right to make a Will giving their property to whoever they wish. However, sometimes Wills are grossly unfair and in these cases it is possible to contest the terms of a Will. In Western Australia, the relevant law is set out in the Family Provision Act 1972. The persons who may contest a Will are:
- Spouses and de-facto partners;
- Former spouses maintained by the deceased;
- Children, including unborn children;
- Stepchildren (in some circumstances);
- Grandchildren (in some circumstances);
The time limit to make a claim is within 6 months of personal representative becoming entitled to administer the estate. In other words, a claim for provision must be made within 6 months from the Grant of Probate or Administration.
Contesting a Will in WA is allowed if there are good reasons, for example:-
- Where a Will does not provide adequate provision for your proper maintenance. But what amounts to proper maintenance and support does not necessarily mean no more than satisfying basic needs;
- Whether there you were partially or fully financially dependent upon the deceased;
- Whether the deceased had the mental capacity to understand what he/she was doing;
- There may be an application made that the Deceased was unduly influenced by another person prior to the signing of the Will and that it in fact did not reflect that persons true wishes. This is known as an “undue influence” claim;
Connor Legal can assist with Probate Applications, Letters of Administration and Inheritance claims, If you have been left out of a Will or feel you have been treated unfairly phone Dan Connor at Connor Legal, and remember you don’t have unlimited time.