Inheritance Claims
Making a Claim
Under the Family Provision Act 1972 (WA) (the “Act”), you may make a claim against a deceased’s estate if you are an eligible person and can demonstrate to the Supreme Court of Western Australia that the distribution of the deceased’s estate by Will or by the laws of intestacy are not adequate for your proper maintenance, support, education, or advancement in life.
You must commence a claim under the ‘the Act’ within 6 months from the date on which the Executor/Administrator became entitled to administer the estate, i.e. from the date probate or letters of administration was granted.
To determine whether a deceased’s estate has made adequate provision for you, the Court may consider:
- Your financial position and age;
- The provision made for you under the Will or laws of intestacy (if any);
- The size and nature of the deceased’s estate;
- Any contribution you have made to the deceased’s estate;
- The relationship between you and the deceased;
- The relationship between other eligible claimants and the deceased; and
- The needs of other eligible claimants or beneficiaries.
If the Court determines that the deceased’s estate has not made adequate provision for you, the Court will decide what provision should have been made for you.
Defending a Claim
If you are a beneficiary of an estate that is subject to a Family Provision Act claim, you will be a party to the Supreme Court proceedings.
You may wish to:
- Defend your share of the estate against the claimant’s claim; or
- If your share of the estate is not adequate for your proper maintenance, support, education, or advancement in life, make a competing claim.

Assisting Executors
As an Executor of a deceased’s estate, you should not distribute the estate until after 6 months has passed since you became entitled to administer the estate, being the limitation period for a claim to be made under the ‘the Act’.
The Executor of a deceased’s estate that is subject to a Family Provision Act claim will be a party to the Supreme Court proceedings. Your role will involve notifying all beneficiaries of the estate of the claim, continuing to call in the assets and pay the liabilities of the estate and holding the estate on trust pending the claim being determined by the Court of otherwise resolved.
If you, as Executor, are put on notice of a potential claim under the ‘the Act’ and proceed to distribute the deceased’s estate without the claim being determined by the Court or otherwise resolved, you may be held personally liable to pay any provision awarded from such claim.
How we can help you
Our experienced team at TLS may assist you by:
- If you are an eligible person, commencing a claim against a deceased’s estate for adequate provision under the ‘the Act’ ;
- If you are a beneficiary of an estate that is subject to a claim under the ‘the Act’, defending your share of the estate against such claim or making a competing claim;
- If you are an Executor of an estate that is subject to a claim under the ‘the Act’, providing you with advice regarding your duties and obligations; and
- Providing you with specific advice regarding the strengths, weaknesses and likely outcome of your claim.