How do you challenge a will under the Family Provision Act 1972 (WA)? What factors does the court consider? What is challenging a will called?

How do you challenge a will under the Family Provision Act 1972 (WA)? What factors does the court consider? What is challenging a will called?

If you feel you have been unfairly left out of a will, or that the provisions made for you are not adequate, you may be able to challenge the will under the Family Provision Act 1972 (WA). This Act allows certain people to make a claim on an estate where they feel they have not been adequately provided for.

In order to make a claim, you must first establish that you are eligible. You must be either the spouse or de facto partner of the deceased, a child of the deceased (including an adopted child), a former spouse or de facto partner of the deceased, or a person who was wholly or partly dependent on the deceased at the time of their death.

Once you have established that you are eligible, you need to file your claim with the court within six months of the date of death. The court will then determine whether or not to grant your claim. If your claim is successful, the court may order that additional provision be made for you from the estate.

If you are considering challenging a will, it is important to seek legal advice as soon as possible, as there are strict time limits in place. An experienced lawyer can help you navigate the process and give you the best chance of success.

The court must consider the financial circumstances of the applicant and the other eligible persons, the nature of the applicant’s relationship with the deceased, and any other matters that it considers relevant. The court may also consider the wishes of the deceased as expressed in their will. The Act allows for certain persons to challenge a will on the basis that they have not been adequately provided for. If successful, the court may order that a provision be made from the estate for the applicant. This may take the form of a lump sum payment or an interest in property. The court will take into account all of the relevant circumstances when making its decision and will endeavour to arrive at a fair and just outcome.