Disputed Wills and Estates Perth
Clear, Practical Support for Will & Estate Disputes
Video, Phone & In-Person Consults Available
Are you involved in an estate dispute?
- Making a claim for provision out of an estate if you are dissatisfied with your current entitlement (i.e. contesting a will or estate)
- Defending an estate claim made by a disgruntled beneficiary or third party for provision from an estate in which you are a named beneficiary
- Challenging and defending the validity of wills, in particular on grounds on lack of capacity and undue influence.
In addition to the above claims
- Advice on the construction and interpretation of wills and estate distributions
- Making or defending claims against executors of an estate (due to delays, conflicts of interest and misappropriation of funds)
- Applications for passing of accounts (to see what an executor has been doing with estate funds)
- Making or defending claims in respect of assets promised to a person during their lifetime (also known as promissory estoppel claims). These claims often arise in farming families where the family farm is promised to a particular child.
Why Choose Luna Legal Group?
We offer clear guidance, trusted expertise and practical solutions to help you resolve estate disputes with confidence.
Fixed-Price Legal Services
Clear, upfront pricing with no unexpected costs.
Work Directly With a Director
Personal guidance from experienced leadership throughout your matter.
Specialists in Wills & Estate Disputes
Recognised Industry experts in Wills & Estate Disputes
What Our Clients Say
Recommended by the prestigious Doyle’s Guide as being leading lawyers in WA
Estate disputes are subject to strict time limits
Please note:
Meet our team
DIRECTOR
Karolina Rzymkowska (Kay) is the founding director of Luna Legal Group and a leading Perth lawyer in Wills, Estates, and Estate Litigation. With over 18 years’ experience, she helps clients with succession planning, estate disputes, and commercial matters.
Kay is known for her warm, practical approach and ability to communicate complex legal issues in simple understandable terms. She also presents at industry events and is a qualified collaborative law practitioner. Kay has an ability to communicate complex legal issues
Director
Denise Quinless-Heyman is a compassionate family lawyer who has practised exclusively in family law since 2007. She advises on property settlements, parenting arrangements, and child support with a pragmatic, client-focused approach.
She is a qualified Independent Children’s Lawyer and is studying to become an accredited Family Dispute Resolution Practitioner. Denise is a member of the Law Society of WA, the Family Law Practitioners Association, and sits on the board of a Community Legal Centre.
Associate
Anna Christiansen is an Associate in the Wills and Estates team at Luna Legal Group.
Prior to joining the firm, Anna worked across several highly regarded wills and estates practices, gaining broad experience in estate planning, guardianship and administration and deceased estate matters. This background allows Anna to provide thoughtful, practical advice with a strong understanding of both the legal and personal issues that arise in estate matters.
In her spare time, Anna loves staying fit and operates a winery in the Perth Hills.
Senior Paralegal
Renee Ransom is a Senior Paralegal within our Wills and Estate Team. Renee brings over 20 years of legal experience to Luna Legal Group across various practice areas.
Renee is our first point of contact for clients with wills and estate matters. Renee is also our resident ‘baker’, chief ‘organiser’ and ‘go to’ person around our office.
Paralegal
Lydia Caporrella is a Paralegal within our Family Law Team and brings many years of legal experience to our team across various areas of law.
Lydia’s compassionate and caring nature ensures that clients facing difficult and sensitive family challenges are supported throughout their legal journey.
Marketing Coordinator and Office Assistant
Hannah Don is the Marketing Coordinator and Office Assistant at Luna Legal Group.
Hannah supports the firm’s marketing and business growth initiatives while also assisting with the day‑to‑day operations of the office. With a strong focus on organisation, communication, and client engagement, Hannah plays a key role in ensuring the firm runs smoothly and presents a professional, inviting, consistent presence across all channels.
On a personal level, Hannah loves enjoying Perth’s sunny beaches, camping and travelling to new places.
FAQs
What is an estate dispute?
Contesting a deceased estate is a legal process that allows:
- certain individuals to seek a share (or greater share) of a loved one’s estate if they believe they have been inadequately provided for, or
- interested parties to challenge the validity of a Will.
Who can contest a deceased estate in WA?
Claims for further and better provision from a deceased estate can be made from:
- Spouses and de facto partners (including multiple partners)
- Children (including adopted children)
- Stepchildren in limited circumstances
- Parents, and
- Grandchildren and former spouses in limited circumstances.
Siblings, friends and distant relatives do not have standing to contest a deceased estate seeking further provision.
What are the ground for contesting the manner in which an estate is divided?
A Family Provision Claim is made when an eligible person believes the will (or the intestacy laws, if no will exists) fails to make ‘adequate provision’ for their maintenance, support, education, or advancement in life.
In determining a claim, the Court balances the deceased’s testamentary freedom with the legitimate needs of the claimant and consider factors such as:
- The claimant’s financial and personal circumstances
- The size and nature of the estate
- The relationship between the claimant and the deceased, and
- Competing claims from other beneficiaries.
How long do I have to challenge the distribution of an estate?
Claimants have 6 months from the date Probate is granted to an executor to bring their claim for provision or further provision.
Extensions are rare and only granted under exceptional circumstances, such as being unaware of the death or grave illness.
What is the Legal Process for contesting an estate for further provision?
Most deceased estate claims are resolved outside of court, often through a series of offers being exchanged between the parties, mediation or collaborative practice.
Mediation involves a neutral third party helping both sides reach a mutually acceptable agreement. If mediation fails, the matter may proceed to a trial in the Supreme Court of Western Australia where a judge will determine the matter.
Proceeding to trial in a claim under the Family Provision Act may cost between $60K and $150K. If you are successful, it is likely that your costs will be paid for out of the deceased’s estate. If your claim is unsuccessful, it is likely you will be left with paying your own legal costs and potentially those of the other parties’.
It is essential to consult an experienced estate lawyer early to assess the strength of your claim and understand your costs exposure.
Can I contest an estate even if the deceased died without a Will?
If the deceased died without a valid will (known as ‘intestate’), eligible individuals may still contest the distribution under intestacy laws if they believe the statutory allocation to them is unfair.
Can I include a “No-Contest” clause in my Will
Some wills include a “no-contest” clause to discourage disputes over deceased estates. These clauses are not enforceable in WA and do not prevent eligible persons from making a Family Provision Claim.
Likewise, leaving a gift to a beneficiary of a set sum or percentage does not prevent them from bringing a claim if they are an eligible claimant.
Do most estate disputes go to court?
No. Many disputes resolve through negotiation or mediation once parties receive clear legal advice. Even the matters which do go to Court, most will settle at a first Court ordered mediation.