Disputed Estates

Disputes over Wills and deceased estates often arise during difficult and emotionally charged times. Whether you are facing a lack of adequate provision, believe a Will is unfair or invalid, or have been left out entirely, navigating the complex legal landscape of a disputed estate requires clear, steady guidance. Tactical Legal Solutions is here to help you navigate this challenging situation with knowledge and compassion.

We act for executors, beneficiaries, and family members alike, ensuring you understand your legal rights and options regarding the estate. Our focus is always on working towards the best possible resolution, as efficiently and calmly as possible, while protecting your inherited or entitled interests in the estate. We understand that while legal processes move slowly, you need timely and transparent advice about your specific estate matter.

Making a Claim Under the Family Provision Act

If you have been left out of a Will, or haven’t been adequately provided for by the estate, you may be eligible to make a family provision claim under the Family Provision Act 1972 (WA). This legislation recognises the moral obligation of a Will-maker to provide properly for certain dependents. Making a claim against a large or complex deceased estate is a technical process that requires robust legal preparation and a clear presentation of your financial need.

You may be eligible to contest the Will if you are:

• The deceased’s spouse or de facto partner.
• A child of the deceased.
• In some cases, a stepchild, grandchild, or parent who was dependent on the deceased.

To succeed, you must comprehensively show the Supreme Court that the Will failed to leave you with adequate provision for your maintenance, support, education, or advancement in life. The Court of Western Australia will assess various factors, including your financial needs, the nature of your relationship with the deceased, and the overall value and fairness of the estate distribution, before deciding if additional provision should be made from the assets of the deceased. We provide tailored advice on how best to present your needs to the Court and maximise your chances of success in receiving a fair share of the estate.

Challenging the Validity of a Will: Grounds for Estate Disputes

If you believe a Will is legally invalid, you may be able to successfully challenge its validity. These actions are some of the most common causes of estate disputes. Successful challenges halt the administration of the deceased estate until the matter is resolved, often leading to significant delays and complex evidence gathering.

Common reasons for challenging the validity of a Will include:

• Lack of Formalities: The Will does not meet the legal requirements for a valid document (e.g., proper witnessing or execution).
• Lack of Mental Capacity: The deceased lacked the mental capacity to understand the nature and effect of the Will when it was made (testamentary capacity).
• Lack of Knowledge and Approval: The deceased did not understand or approve of the contents of the Will, often due to poor instruction or drafting.
• Undue Influence or Duress: The Will was made under coercion, pressure, or improper influence from another party.
• Fraud or Forgery: Evidence suggests the Will has been tampered with, forged, or is otherwise fraudulent.

We provide clear, specialist legal advice on the likelihood of a challenge succeeding and guide you through every step of the complex litigation process. Our goal is to protect the integrity of the deceased’s final wishes or ensure that an invalid Will is set aside so the correct process for distributing the estate can take place.

Understanding the Difference: Validity Challenges vs. Provision Claims

While both contesting a Will and making a family provision claim deal with the distribution of the estate, they operate on entirely different legal principles. A validity challenge seeks to prove that the Will itself is not a legally sound document, perhaps due to undue influence or lack of capacity. If successful, the Will is set aside, and the estate is distributed according to an earlier Will or intestacy laws.

In contrast, a Family Provision Claim accepts the Will is valid, but argues that the Will-maker failed to meet their moral duty to provide adequate support for an eligible dependent. This legal action does not invalidate the Will entirely but seeks to modify the distribution order to provide for the claimant. Understanding this crucial distinction is the first step in formulating the correct legal strategy for your estate dispute matter.

The most critical factor in a Family Provision claim is time. Under the Family Provision Act 1972 (WA), there are strict statutory deadlines. A claimant must issue their application within six months from the date the Executor has been granted authority to administer the deceased estate. Acting quickly is essential, as the Court rarely allows for late applications, meaning you must seek legal advice as soon as possible after the death.

The Role of the Grant of Probate in Disputed Estates

The grant of probate is the official Supreme Court document that legally confirms the executor’s authority to deal with the assets of the deceased estate. When a Will is formally challenged, either on the grounds of validity or through a family provision claim, the process of obtaining the grant of probate is usually stalled or complicated.

To formally prevent the executor from accessing and distributing the assets while a challenge is prepared, a Caveat may be lodged with the Supreme Court. Lodging a Caveat is a swift and effective way to ensure the assets of the estate are preserved until the estate dispute is resolved, protecting your potential entitlement from being dissipated by an executor who may not yet be confirmed or whose actions are being questioned.

Resolving Estate Disputes Through Mediation

Not all estate disputes require a full-scale Supreme Court trial. In fact, many contested Will and family provision matters are successfully resolved outside of the courtroom through alternative methods such as mediation. We strongly advocate for mediation as an efficient and confidential way to settle claims.

Mediation involves a neutral third-party mediator who facilitates communication and negotiation between the disputing parties. This process is generally less costly and significantly faster than litigation. It also allows the parties to retain control over the outcome, leading to more practical and tailored solutions for the family and the estate than a court-imposed decision. Our lawyers are skilled negotiators who prepare rigorously for mediation, ensuring your position is presented clearly and strategically to achieve a favourable settlement and avoid lengthy court battles over the distribution of the estate.

Applications to Remove an Executor of a Deceased Estate

The role of an executor is one of serious legal responsibility; they must act in the best interests of the beneficiaries and the estate as a whole. If the person managing the deceased estate is not fulfilling their Executor duty correctly, it may be possible to apply to the Court to have them replaced.

Grounds for applying to remove an Executor include:

• Misconduct or mismanagement of the estate assets.
• Excessive and unjustifiable delay in the administration of the deceased estate.
• Incapacity, such as bankruptcy, serious criminal conviction, or mental unfitness.
• Having a serious and unmanageable conflict of interest that compromises the impartiality needed to administer the estate.
• A demonstrated failure to act in the best interests of the beneficiaries.

TLS assists both beneficiaries seeking to remove an executor and executors who are improperly targeted. We offer a steady, balanced, and legally sound approach that protects all legitimate interests involved in the administration of the deceased’s assets.

Navigating Will and Estate Disputes Across Australia

While our physical office is located in Perth, Western Australia, the complexity of modern families and asset ownership means that estate disputes often involve interstate or international elements. Our team possesses the knowledge and experience necessary to handle complex jurisdictional issues related to estate law, whether the assets are located solely in Western Australia or beyond.

We support clients in all types of contested Will matters by:

• Giving clear, strategic advice on your rights, risks, and realistic outcomes in different jurisdictions.
• Preparing and filing claims or responses with the Supreme Court of WA, and coordinating with interstate counsel where necessary.
• Representing you throughout the negotiation, mediation, or litigation process with calm clarity.
• Acting on behalf of Executors, beneficiaries, and claimants alike, always with integrity and focus on the final resolution of the estate dispute.

Why Choose Tactical Legal Solutions for Your Estate Dispute?

When you are facing the strain of a Will contest or family provision claim, you need more than just legal knowledge, you need a tactical strategy. Our firm specialises exclusively in Will and deceased estate law, meaning we possess deep, current understanding of the legislation and precedents governing estate disputes in Australia. We don’t just process claims; we build robust, evidence-backed cases designed to achieve the most favourable outcome, whether through decisive litigation or strategic settlement.

Our dedicated team of lawyers brings significant experience to the negotiation table and the courtroom. We understand the specific rules of the Supreme Court of Western Australia and how to navigate the technicalities of claims against complex deceased estates, ensuring no detail is overlooked. This focused experience is crucial in maximising your entitlements and efficiently resolving the matter, limiting both the time and emotional cost involved.

We believe that exceptional legal counsel must be coupled with clear communication. From your initial consultation, we commit to providing transparent legal advice, setting realistic expectations, and explaining the likely costs associated with resolving your estate matter. You will always know where your case stands and what the next strategic step will be, allowing you to focus on managing the emotional complexities of the dispute.

We also prioritise finding cost-effective solutions. Litigation can be expensive, and while we are ready to go to court when necessary, we excel at using tactical negotiation and mandatory mediation to achieve favourable outcomes quickly. Our strategic efficiency aims to reduce legal costs and maximise the net benefit you receive from the estate, offering clarity and value throughout the dispute process.

Choosing the right legal partner is the first critical step toward resolving your issue and securing your financial future. We stand ready to apply our strategic legal approach to your disputed estate matter, offering the dedicated support and knowledge required to navigate these difficult circumstances with confidence and clarity.