Contesting a Will under the Family Provision Act

I was cut from the will – what are my options?

In WA, an eligible person can make a claim under the Family Provision Act 1972 (WA) against an estate to claim further or any provision from any estate. This includes:

* a person who was married to or living as the de facto partner of the deceased;

* a person who was entitled by a Court order or agreement to maintenance from the deceased;

* a child of the deceased, either living at the date of death or born 10 months after death;

* a grandchild of the deceased (in limited circumstances);

* a stepchild of the deceased if they were being maintained by the deceased; or

* a parent of the deceased.

The applicant must prove that the disposition of the Estate, either under a Will or in accordance with their entitlements under the Administration Act 1903 (WA), did not make adequate provision for the applicant’s proper maintenance, support, education or advancement in life. Whether this is the case will depend on factors such as their relationship with the deceased, the size of the estate, their financial position, and the position of the other beneficiaries entitled.

If the applicant can prove this, then the Court will determine what proper and adequate provision from the estate should be.

A person has six months from the date of the Grant of Probate or Letters of Administration to make a claim. A person may be able to make an application after that date in specific circumstances.

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