Succession Planning in WA: Who Can Challenge a Will and Will They Succeed?
Who Can Challenge a Will in WA? Succession Planning and Estate Law for Perth Families
You’ve prepared a Will, carefully considered your loved ones, and taken measures to safeguard your legacy. IIn Western Australia, things may not be that simple. Under the Family Provision Act 1972 (WA), certain people may still contest your Will, even if your intentions are clearly documented.
At Granich Partners, our experienced lawyers regularly provide advice on all aspects of succession planning, estate planning, and Will preparation, focusing on minimising the risk of costly and emotionally challenging disputes after death..
Who Can Challenge a Will in Western Australia?
The law acknowledges, in certain cases, a Will may not make "proper and adequate provision" for close family members or dependents. In these cases, the Court may intervene despite the validity of the Will.
Under the Family Provision Act, the following people may be eligible to contest a Will:
A spouse, including de facto partners;
A former spouse;
A child of the deceased (including adult children);
Certain stepchildren; and
Anyone who was financially dependent on the deceased at the time of death
If the Court finds that the Will does not meet the deceased’s moral obligation to provide for one of these people listed above,, the Court has the ability to order a redistribution of the deceased’s estate.
Will Challenges Are About Need - Not Fairness
It’s important to understand that Family Provision Claims aren’t about equal shares or emotional grievances. The Court’s responsibility is not to rewrite the Will to make it “fair,” but to determine whether the applicant has a financial need that was not adequately addressed.
For example, in the high-profile case of Lemon v Mead (2017), involving the $1 billion estate of mining magnate Michael Wright. Although his daughter was initially awarded $26 million, the Court of Appeal reduced the amount to $6 million, after reassessing her financial needs.
This case illustrates a key principle: even in substantial estates, claimants will only receive what is necessary to meet their reasonable financial requirements.
Can You Prevent a Will From Being Challenged?
No. You cannot put a clause in your Will to prevent it from being challenged. It is also not possible to stop a beneficiary from contesting the Will by threatening disinheritance, as such clauses are generally unenforceable in Western Australia. However, there are succession planning strategies that can help to reduce the risk of claims, including:
Structuring assets to fall outside the deceased estate (e.g. through trusts or joint ownership);
Making gifts during your lifetime;
Providing clear, well-documented reasons for unequal or excluded gifts; and
Regularly updating your Will and estate plan with professional legal advice.
Every case is unique, and effective estate planning requires a thorough understanding of your family dynamics and financial circumstances..
How Our Perth Based Lawyers Can Help
Whilst our team is Perth based, we have experience working with clients from both regional and metro locations. Whether you’re writing a Will, managing a deceased estate, or facing the prospect of a Will challenge, our team at Granich Partners is here to help.
We offer strategic, compassionate legal advice tailored to your circumstances, ensuring your intentions are respected and your estate is protected. Don’t leave your legacy vulnerable to disputes - get expert advice on succession planning and estate protection today.
Call us on (08) 9324 2111, email us on granich@granichpartners.com.au or simply complete the form below, and we’ll be in touch.