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

$385 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 is an experienced lawyer who leads the firm’s litigation and dispute resolution team. Having worked for Birman & Ride since 2011, he has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims,……
Legal Executive
Angus joined the team in 2018 as part of the firm’s law cadetship program. He holds a Bachelor of Arts from UWA, majoring in Politics & International Relations and Business Law, and is currently studying the Juris Doctor at……
Legal Executive
Grace joined Birman & Ride in 2020 as part of the firm’s law cadetship program. Grace comes from a background of hospitality and retail work, where she gained valuable skills in customer service. At Birman & Ride, Grace works……
Lawyer
Sriram Srikrishnan (Sri) is a lawyer at Birman & Ride and works in the Wills and Estates and Litigation teams. Sri assists people to prepare Wills, applications for Probate and administer deceased estates. He also enjoys being creative with……

FAQs

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).

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.

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.

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.

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

Being a beneficiary of a deceased estate can be uncomfortable. A loved one has died and someone else is now their executor or administrator. You might feel suspicious or lacking control, particularly where you don’t trust the executor. The sensible course for a beneficiary in this situation is to seek legal advice, but often the best advice in this situation is for the beneficiary…
When it comes to planning for death, superannuation is commonly misunderstood. Your super is…
Many Australians were left scratching their heads last week when it was reported that…
Superannuation is dealt with under complex rules and is usually not dealt with by…
If you have been appointed as executor of a Will, you are bound to carry…

Testimonials

What our clients say

[after a positive resolution] That’s great news and a weight off my shoulders… Many thanks for your advice and resolving this so efficiently.
Mr G
October 8, 2021
Thank you very much for the excellent and professional services given to [client] by Mr Sriram Srikirshnan today. We also thank you Birman & Ride Lawyers for their professional services.
Mr W
August 25, 2021
Thank your for your time today, I came away from our Appointment feeling calmer,informed and knowing my Fathers estate matters were in good hands.
Ms K
August 9, 2021
Thus far I am happy with the advice I have received. Thank you.
Ms L
July 14, 2021
I would like to express my sincere thank you for your help so far. You have brought me from darkness and sleepless nights into a situation where, as you said this morning, everything is in my favor now. I do realize this, and this is not possible without your help, and I really appreciate it.
Mr S
July 6, 2021
Nigel was very good and appeared to look after our interests very well. We are quite happy with the end result.
Mr B
June 30, 2021

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 promptly.

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