Disputed Estates

Clear, steady guidance through emotionally complex estate disputes

Disputes over Wills and estates often arise during difficult and emotional times. Whether you believe a Will is unfair, invalid or you’ve been left out entirely, TLS is here to help you navigate the situation.

We act for beneficiaries, family members and executors, helping you understand your rights and options, and work towards the best resolution, as quickly and calmly as possible.

Making a claim for further provision

If you’ve been left out of a Will – or haven’t been adequately provided for – you may be eligible to make a claim under the Family Provision Act 1972 (WA).

You may be able to claim if you are:

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

To succeed, you must show that the Will did not leave you with adequate provision for your maintenance, support, education or advancement in life.

The Supreme Court of Western Australia will assess your financial needs, relationship with the deceased and the overall fairness of the estate distribution, before deciding if additional provision should be made.

Challenging the validity of a Will

If you believe a Will is legally invalid, you may be able to challenge its validity. Common reasons include:

• The Will doesn’t meet legal formalities
• The deceased lacked mental capacity when the Will was made
• The deceased didn’t understand or approve the contents of the Will
• The Will was made under undue influence or pressure
• The Will has been forged or tampered with

We can help you understand if a challenge is likely to succeed and guide you through every step of the process with clear legal advice.

Applications to remove an Executor

If the person managing the estate is not acting properly, it may be possible to have them replaced.

You may be able to apply to the Court to remove an Executor if they:

• Have misconducted the estate
• Caused excessive delay in administration
• Are bankrupt, convicted of a crime or mentally unfit
• Have a serious conflict of interest that affects the estate
• Are no longer acting in the best interests of the beneficiaries

We assist both beneficiaries and Executors in these matters, offering a steady, balanced approach that protects your interests.

How TLS can help

We support clients in all types of estate disputes by:

Giving clear advice on your rights, risks, and realistic outcomes

Preparing and filing claims or responses with the Supreme Court of WA

Representing you throughout the negotiation or litigation process

Acting on behalf of Executors, beneficiaries and claimants alike, always with integrity, calm, and clarity

You don’t have to face this alone

Disputes over estates can be legally and emotionally complex, but they don’t have to be overwhelming. TLS offers thoughtful, strategic legal support that helps you move forward with confidence.

Let’s talk about your situation.