If you’ve been left out of a Will, or believe you have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.
What is the Family Provision Act 1972 (WA)
Under the Family Provision Act certain classes of persons can make a claim against a deceased estate. The Act enables a person to make a claim upon the basis that inadequate provision was left for their proper maintenance, support, education or advancement in life.
The class of persons who can make such a claim are a child (including a formally adopted child), a step child (in some circumstances), a grandchild (in some circumstances), a spouse whether legal or de facto, a former spouse whether legal or de facto (in some circumstances) and a parent.
Contact us to discuss if you are eligible to make a claim pursuant to the Family Provision Act.
Is there a time limit?
Yes, there is. In Western Australia you have only 6 months from the date of a Grant of Probate or Letters of Administration to make a claim. In certain circumstances, the Court may grant an extension of the time limit so you should seek legal advice as soon as possible to discuss your situation.
What if I don’t believe the Will was valid?
You may be able to challenge a Will if you believe that the Will is a forgery or if the person lacked the mental capacity to make a Will. You may also be able to challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
If you contact Jarvis Nixon Legal, we can assess and discuss the particular circumstances of your claim.
At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to possibly avoid court proceedings, but if necessary we also have the skills to represent you in court.
The content on this webpage is general in nature and cannot be regarded as legal advice. You should not rely on this content without speaking further with Emily or Marcia who can advise how the law applies to your individual circumstances. Contact us to find out more or to arrange a consultation