How do I stop a family provision claim?

If you’re the executor of a deceased estate or a beneficiary of a will in Western Australia, you may be wondering how to stop a family provision claim. Family provision claims are made by eligible family members who believe they have been left out of the deceased’s will, or who haven’t been provided for adequately. In order to stop a family provision claim, you’ll need to prove that the deceased left their estate to you in accordance with Western Australian law. This may involve providing evidence of the deceased’s wishes, such as a copy of their will or letters of instruction. You may be able to show that you have competing needs. If you’re successful in proving your case, the court will dismiss the claim. However, if the court finds in favour of the claimant, they may order that part of the estate be transferred to them. In either case, it’s important to seek legal advice before proceeding with any action.