Inheritance conflicts are one of the most emotionally charged legal issues families face. When a loved one passes away, grief can quickly turn into confusion, resentment, or conflict—especially if there are concerns about the fairness, validity, or interpretation of a will. Understanding how dispute law works and what steps to take when disagreements arise can make a significant difference in protecting your rights and resolving disputes efficiently.
This practical, step-by-step guide explains how inheritance conflicts are handled under Australian law, particularly in Western Australia, and when it is essential to seek advice from experienced wills and estate lawyers whom families trust.
Step 1: Understand What a Will Dispute Is
A will dispute arises when an eligible person challenges the validity, interpretation, or fairness of a deceased person’s will. These disputes often involve claims that the will does not adequately provide for certain family members, was created under undue influence, or fails to reflect the deceased’s true intentions.
In Western Australia, inheritance disputes are commonly brought under the Family Provision Act 1972. This legislation allows certain individuals—such as spouses, children, de facto partners, and dependents—to seek further provision from an estate if they believe they have been unfairly excluded or have been provided with insufficient support.
Step 2: Confirm Your Eligibility to Dispute a Will
Not everyone can challenge a will. Before taking any legal action, it is critical to confirm whether you are legally eligible. Generally, the following people may have the right to dispute a will in Perth WA :
- Spouses or de facto partners
- Children (including adult children)
- Financially dependent stepchildren
- Former spouses in limited circumstances
- Dependants who relied on the deceased for support
Eligibility rules can be complex, so seeking early advice from wills lawyers Perth residents rely on can help prevent unnecessary legal costs or delays.
Step 3: Identify Valid Grounds for a Will Dispute
Inheritance conflicts must be based on legally recognised grounds. Common reasons for disputing a will include:
- Lack of testamentary capacity: The deceased did not fully understand the nature or consequences of making the will
- Undue influence or coercion: Someone pressured the deceased into making or changing the will
- Improper execution: The will was not signed or witnessed correctly
- Family provision claims: The will fails to provide adequate financial support for an eligible person
Understanding which grounds apply to your situation is a key step in building a strong legal case.
Step 4: Act Within Strict Time Limits
Time limits are one of the most overlooked aspects of will dispute law. In Western Australia, most family provision claims must be filed within six months of the grant of probate. Missing this deadline can significantly reduce your chances of success or prevent you from making a claim altogether.
Engaging experienced wills lawyers ensures clients’ trust early in the process, ensures deadlines are met, and procedural requirements are handled correctly.
Step 5: Attempt Early Resolution Through Negotiation or Mediation
Not all inheritance conflicts need to end up in court. In fact, many disputes are resolved through negotiation or mediation, saving time, money, and emotional strain.
Mediation allows all parties to discuss their concerns in a structured environment with legal guidance. This approach often preserves family relationships and results in mutually acceptable outcomes. Skilled legal representation plays a critical role in ensuring your interests are protected during these discussions.
Step 6: Commence Formal Legal Proceedings if Necessary
If informal resolution is unsuccessful, the next step is to initiate formal court proceedings. This involves filing legal documents, presenting evidence, and arguing your case before the Supreme Court of Western Australia.
At this stage, having knowledgeable wills lawyers who claimants rely on is essential. Your legal team will assess the strength of your claim, gather supporting evidence, and advocate on your behalf throughout the litigation process.
Step 7: Understand the Role of Evidence in Will Disputes
Strong evidence is critical in inheritance conflict cases. This may include:
- Medical records demonstrating capacity issues
- Financial records showing dependency
- Witness statements regarding family relationships or influence
- Previous versions of the will
The court carefully examines both the deceased’s intentions and the needs of the claimant when deciding how an estate should be distributed.
Step 8: Learn How Courts Decide Will-Dispute Cases
Courts aim to balance fairness with respect for the deceased’s wishes. When deciding family provision claims, judges consider factors such as:
- The size and nature of the estate
- The claimant’s financial position
- The relationship between the claimant and the deceased
- Competing claims from other beneficiaries
The outcome may involve adjusting the distribution of assets rather than overturning the entire will.
Step 9: Prevent Future Inheritance Conflicts Through Proper Planning
Many inheritance disputes can be avoided through proactive estate planning. One of the most effective ways to reduce the risk of conflict is to regularly update your will. Perth residents should prioritise this as life circumstances change.
Major life events—such as marriage, divorce, having children, or acquiring significant assets—should trigger a review of your estate plan. Clear drafting, professional legal advice, and open communication with family members all help minimise future disputes.
Step 10: Seek Professional Legal Advice Early
Will disputes are legally complex and emotionally challenging. Attempting to navigate inheritance conflicts without professional guidance can lead to costly mistakes and prolonged stress. Experienced wills lawyers families trust provide clarity, protect your rights, and guide you toward the most effective resolution—whether through settlement or court action. Get the best trending blogs.
Conclusion
Inheritance conflicts can strain families and delay the proper administration of an estate, but understanding the step-by-step process of will dispute law empowers you to act confidently and responsibly. Whether you are disputing a will or seeking guidance on updating your will, professionals recommend that early legal advice is key to achieving a fair and lawful outcome.
By taking informed steps, seeking professional support, and prioritising clear estate planning, you can navigate inheritance disputes with greater certainty and peace of mind.