Deceased estate and probate law

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Deceased Estates Blog

Western Australian Law as at date of publication

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Contesting a will

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It is not necessarily the case that the property of a deceased person will be gifted as per the terms of their will – or in the case where there is no will – on intestacy according to the family tree referred to in the Administration Act (WA).

It is possible for certain classes of people (e.g. the spouse, de facto spouse, child, grandchild and/or parent of the deceased – depending on the circumstances) to challenge the contents of a will so that they recieve an inheritance from the estate or so that they increase the size of that inheritance.

An action brought pursuant to the Inheritance (Family and Dependants Provision) Act 1972 in Western Australia must be brought within 6 months of a grant of probate or letters of administration being made in the estate – unless the Supreme Court grants leave for that application to be brought out of time.

The claim itself would be made on the basis that the will and/or the law relating to intestacy “.. is not such as to make adequate provision from his estate for the proper maintenance, support, education or advancement in life…” of the claimant (see secton 6(1) of he Inheritance (Family and Dependents Provision) Act).

(Valid as at 31/5/12)

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