Inheritance disputes

We offer clear advice and sound strategies and effective court representation in disputes involving deceased estates.

Certain family members who have been left without adequate provision from an estate may be able to challenge a Will or the laws of intestacy. Strict time limits apply, so seek advice as early as possible.

The Court will consider all the circumstances of the case to determine whether the Will or the laws of intestacy make adequate provision for the proper maintenance, support, education or advancement in life of the applicant. If the Court finds that an adequate provision has not been made for the applicant, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.

You should also obtain legal advice if:

  • you are not certain that the deceased was of full mental capacity when the Will was signed;
  • you are unsure whether the Will is the last Will of the deceased or there is any evidence the deceased wished to revoke the Will; or
  • the Will is vague or unclear.

our services

How we can help you

See us for a consultation to find out where you stand.

Initial consultation

$440 inc GST

We will give you initial advice about whether the will is open to challenge and next steps.

Our fee includes:

  • A meeting up to 60 minutes at our office during which we will provide you with initial advice; and
  • an estimate of costs for future representation.

What to bring to the consultation:

  • your photo identification;
  • copy of the will being challenged (if available);
  • any relevant correspondence or other documents.

Why choose us

Our experienced lawyers provide great service at competitive prices.
01.
Benefit from our experience

We’re a law firm with more than 35 years’ experience in litigation and dispute resolution. From straightforward debt collection to Supreme Court trials, these are core services of our firm.

02.
Excellent value for money

We price our services fairly and transparently. We advertise fixed prices for standard services. Otherwise, we will analyse your requirements before issuing a written quote.

03.
100s of happy clients

Our goal is to anticipate your needs and exceed your expectations. We offer friendly and efficient service. Read what our clients say.

Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers.  We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.

Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
Associate
Angus joined the team in 2018 as part of the firm’s law cadetship program while studying his juris doctor. He subsequently graduated from UWA with a juris doctor in 2021 and was admitted as a lawyer in April 2022…….

FAQs

When should I apply?

If you intend to challenge a will, time is of the essence. You must apply within 6 months from the date of any grant of Probate or Letters of Administration (although the Court has a discretion to extend the deadline).

What if I am an executor of an estate that is being challenged?

As an executor, you will need to be actively involved in the court proceedings. Your role is two-fold: to provide information regarding the value and nature of the estate and to defend the existing will. In most cases, an executor will be entitled to have their legal costs paid from the estate, irrespective of the outcome of the proceedings.

What if I am a beneficiary of a will that is being challenged?

A beneficiary of a challenged will does not need to actively participate in the proceedings. However, if the Court upholds the challenge, the amount you will receive under the will may be reduced. For this reason, you may want to present your financial and personal circumstances to the Court to persuade it not to reduce your entitlement.

What will the Court consider?

The Court’s will first consider whether the testator has made an adequate provision for you in your particular circumstances. The Court will consider:

  • your financial position, level of education and age;
  • the provision made for you in the will (if any);
  • the relationship the testator had with you and the other beneficiaries;
  • the value and nature of the estate;
  • any contribution you have made to the testator’s assets;
  • the needs of other family members; and
  • any conduct that you have engaged in that may disentitle you to a share of the estate.

If the Court finds that an adequate provision has not been made for you, it will effectively re-write the will so that it reflects what a wise and just testator would have done.

Who can challenge a Will?

You may be able to challenge a will if you have one of the following relationships with the testator:

  • married or de facto partner immediately before the testator’s death;
  • a former spouse or former de facto partner if you received or were entitled to receive maintenance from the testator;
  • a child;
  • a grandchild or stepchild (in certain circumstances); and
  • a parent, natural or by marriage.

View the latest

From our blog

No data was found
No data was found

Testimonials

What our clients say

Fast, prompt and friendly service. Got my money in four days.
January 25, 2024
I just wanted to say a huge thank you for all your efforts and support in progressing our case throughout this past year – and wish you a very Merry Christmas and Happy New Year!!
January 24, 2024
Thank you for your kind message. All monies were received securely and I do indeed breathe a sigh of relief, if for nothing more than the idea that I can lower my guard for the first period in a long time and depart an era of constant conflict. I mirror your sentiments in saying that you and Nigel both demonstrated a great degree of respect, care and exceptional competence in both my cases. Engaging with lawyers is not an easy commitment and garnering the fortitude is a battle of its own. You both made me feel confidently supported in that journey.
January 24, 2024
Thanks to your hard work and expertise, we achieved a positive outcome that made the level of effort worthwhile. Your support and guidance gave [us] peace of mind, and we could not have asked for a better advocate. We are very grateful for your expertise in this matter and the subsequent outcome!!!
Ms G - Property law matter
October 25, 2023
A ‘promising’ start, thank you.
April 23, 2023
Thank you so much Nigel for all of your help. You don’t know how much all of your help and your team’s help have helped me a lot in life. It was such a long and struggling years for me. I could not have done it without your help.
Ms P
April 18, 2023

Make an appointment

Arrange a consultation with one of our friendly and experienced team members.

Let us contact you

We will respond to your online enquiry within two business days.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.