How can you avoid a challenge to a Will?

A person cannot avoid the operation of the Family Provisions Act by putting a clause in their Will to the effect that the Act is not to apply or by providing in the Will that a beneficiary who challenges the Will is not to receive benefit under it.  However, in WA (unlike NSW for example) property can be protected from a challenge under the Family Provisions Act by ensuring that it does not form part of the estate of the deceased at the date of death.

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Where there is a Will there is a way – To Challenge the Will?

I have one particularly gloomy client.  He reminds me of the old t-shirt caption: “They said cheer up things could be worse, so I cheered up and sure enough things got worse!” 

 He recently bemoaned: “what is the point of having a Will if it can be set aside by a court?

 It is true that an act known as the Family Provisions Act enables certain persons to challenge the Will of the deceased.  However, as I said to Old Gloomy, there are limitations...

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