Being left out of a Will can be deeply upsetting, particularly when the person who has passed away was a parent, spouse, partner or someone you relied on for financial or emotional support. It can feel personal, confusing and unfair. However, being left out of a Will does not always mean that you have no options.
In Western Australia, certain people may be able to make what is commonly known as a family provision claim. This type of claim does not necessarily argue that the Will is invalid. Instead, it asks whether the deceased person made adequate provision for an eligible person’s proper maintenance, support, education or advancement in life. In simple terms, the Court can consider whether the Will, or the way the estate is being distributed, has left someone without proper provision in all the circumstances.
Who may be able to make a claim?
Not everyone can contest a Will. Generally, people who may be eligible include a spouse or de facto partner, a child of the deceased, and in some circumstances a former spouse, parent, grandchild or stepchild. Eligibility depends on the facts of each case, including the nature of your relationship with the deceased person and whether there was any financial dependence or obligation to support you.
You may have legal options if:
- you were financially dependent on the deceased,
- you were promised financial support,
- you were a child, spouse or partner who received little or nothing, or
- the Will was changed suddenly in circumstances that seem unusual, the Will-maker was elderly, unwell, isolated, under pressure, or otherwise vulnerable at the time the Will was made.
What if the Will itself seems suspicious?
Sometimes the concern is not only that you have been left out, but that something about the Will does not seem right. For example, there may be questions about whether the Will-maker had capacity, understood what they were signing, or was influenced by another person. These issues may involve a different type of estate dispute, often referred to as challenging the validity of a Will. It is important to get legal advice early so the correct pathway can be identified.
Why timing matters
Estate disputes are often subject to strict time limits. In Western Australia, family provision claims generally need to be commenced within six months from the grant of Probate or Letters of Administration. Extensions may be possible in some cases, but they should not be relied upon. Delay can make a claim more difficult, particularly if the estate has already been distributed.
If something feels off, it is best to seek advice as soon as possible. A lawyer can help you understand whether you are eligible to make a claim, what evidence may be needed, whether the estate should be put on notice of a claim, and whether the matter may be resolved by negotiation or mediation before Court proceedings become necessary.
Take the next step
Being left out of a Will can be overwhelming, but you do not have to navigate it alone. Early advice can help you understand your rights, protect your position and avoid missing important deadlines.
Contact us admin@lunalegal.com.au or telephone (08) 64014633. We offer free 15 minute consultations and fixed pricing across all of our legal services.