Who is eligible to contest a will in Western Australia?

Generally a spouse, de facto partner, child, grandchild in certain circumstances, or a person who was dependent on the deceased may be eligible to bring a family provision claim, but eligibility should be checked with a lawyer against the specific facts.

Is there a time limit to contest a will in WA?

Yes, family provision claims in Western Australia generally need to be filed within six months of the grant of probate, so it pays to get advice early if you are considering a claim.

What happens if I am the executor and someone contests the will?

As executor you may need separate legal advice to defend the estate, since your duty is to the estate as a whole rather than to any one beneficiary.

Contesting a will or defending an estate dispute in Perth

Drafting a will is a different job from contesting one after someone has died. Estate disputes in Western Australia usually involve a family provision claim under the Family Provision Act, where an eligible person argues the will did not make adequate provision for them. This is a litigation matter, not a drafting one, and it needs a lawyer comfortable in the Supreme Court or Magistrates Court process, not just estate planning.

This page is for people who already have a will in place, or an estate going through probate, and need to either bring a claim against the estate or defend the estate as executor against a claim. That is a distinct search from someone wanting a new will written.

Family provision claims (contesting a will)
Defending an estate as executor against a claim
Disputes over the validity of a will (capacity, undue influence)

What it costs

Contesting a will is litigation and costs generally track the complexity and length of the dispute, including whether it settles through mediation or proceeds to a court hearing. Some firms offer an initial assessment of whether a claim is likely to succeed before committing to full litigation costs.

Top 3 by our score

Ranked from our published scoring of public Google reviews for wills & estate planning.

1. GLP Lawyers International
5.0★ · 43 reviews

86
2. Friedman Lurie Singh & D'Angelo | Family Lawyer Perth, Divorce Lawyer | Law Firm Perth
4.6★ · 107 reviews

85
3. HHG Legal Group | Perth
4.6★ · 172 reviews

84

See the full ranking → · Browse all providers

FAQ

Who is eligible to contest a will in Western Australia?: Generally a spouse, de facto partner, child, grandchild in certain circumstances, or a person who was dependent on the deceased may be eligible to bring a family provision claim, but eligibility should be checked with a lawyer against the specific facts.
Is there a time limit to contest a will in WA?: Yes, family provision claims in Western Australia generally need to be filed within six months of the grant of probate, so it pays to get advice early if you are considering a claim.
What happens if I am the executor and someone contests the will?: As executor you may need separate legal advice to defend the estate, since your duty is to the estate as a whole rather than to any one beneficiary.

Enquiries submitted through our forms may be shared with partner providers who can carry out the work. We may receive referral fees for these introductions, but our rankings and scores are based solely on our published method and are never influenced by referral fees.