Inheritance Claims
Making a Claim
Legal guidance for seeking fair provision from an estate
If you believe a Will didn’t provide you with a fair share of a deceased estate, you may have the right to make an inheritance claim. TLS supports clients on how to pursue or respond to claims under the Family Provision Act 1972 (WA).
We act for eligible claimants, beneficiaries and executors, helping you understand your position and make confident decisions.
Can you make a claim?
Under the Family Provision Act, you can make a claim if:
- You are an eligible person (such as a spouse, child, stepchild, grandchild or parent)
- You can show that the Will does not provide adequate provision for your maintenance, support, education or advancement in life
You must lodge a claim within 6 months of the date probate or letters of administration was granted. Acting early is essential.
What the Court considers
When assessing your claim, the Supreme Court of Western Australia will consider:
- Your financial circumstances, age and health
- What (if anything) you received from the estate
- The size and nature of the estate
- Your relationship with the deceased
- The needs of other beneficiaries or claimants
- Any contributions you made to the estate
If the Court finds that you haven’t been adequately provided for, it can order that you receive a fairer share of the estate.
Defending an inheritance claim
If you are a beneficiary of an estate that is the subject of a claim, you will be joined to the Court proceedings.
You may wish to:
- Defend your inheritance against the claim
- Make a competing claim if you believe your share is also inadequate
We can help you understand your rights, prepare your response, and protect your interests throughout the process.
Supporting executors through claims
If you are the Executor of an estate facing a claim under the Family Provision Act, you must:
- Notify all beneficiaries of the claim
- Continue calling in and protecting estate assets
- Avoid distributing the estate until the claim is resolved, or risk personal liability
Our team supports Executors by guiding you through your obligations and helping you manage the estate with confidence and legal protection.
How TLS can help
Our experienced estate lawyers can assist you by:
- Starting an inheritance claim if you are eligible and believe the Will is unfair
- Defending your entitlement if you are a beneficiary named in a disputed estate
- Advising Executors on how to manage the estate and respond to claims
- Providing clear, practical advice on the strength, risks, and likely outcome of a claim
Not sure where you stand in a disputed estate?
Let’s talk.
