Six months. That is the window most Perth WA families lose before they realise a contested will claim was even possible. Under section 7 of the Family Provision Act 1972 (WA), an application must be lodged within six months of the grant of probate, and late applications need special court leave that is rarely straightforward. We wrote this piece because the top-ranking pages tell you contesting a will is “stressful and complicated, ” then stop. You need the actual grounds, the actual deadline, the actual court test, and a clear next step. That is what follows.
Key takeaways
- In Western Australia, contested wills fall into two categories: Family Provision claims (you were left out or left too little) and challenges to the will’s validity (capacity, fraud, undue influence).
- Family Provision claims must be filed within six months of probate being granted, per section 7 of the Family Provision Act 1972 (WA)
- Only a defined list of people can bring a Family Provision claim: spouses, de facto partners, children, grandchildren in some cases, and parents. Cousins and friends cannot.
- The court applies a two-stage test: were you an eligible person, and has adequate provision been made for your proper maintenance, support, education or advancement in life.
- Estate size, your financial need, the relationship history and the deceased’s moral duty all shape the outcome.
- Our team offers fixed-fee initial advice so you know where you stand before committing to litigation.
The Perth WA reality: contested wills are more common than families expect
The Legal Aid WA Legal Need in Western Australia report shows wills. And estates sit inside the top civil legal needs across Perth WA, Fremantle, Joondalup and the outer suburbs. Blended families, second marriages, adult children estranged from a parent. And business assets held in trust all raise the odds of a dispute.
When property values in suburbs like Subiaco and Cottesloe sit well above the WA median. Even a “fair” split on paper can leave a spouse or child under-provided in real dollars.
The families we help usually come to us in one of two moments. Either probate has just been granted and someone realises they were left out entirely. Or the will names them but the practical inheritance falls short of what they need to live. Both moments have the same clock ticking behind them: six months from the grant of probate. That is why the first conversation matters more than the tenth.
The two legal grounds for contesting a will in Western Australia
The competitor pages ranking above this one collapse two very different actions into one label. They are not the same, and mixing them up wastes months.
Ground one: Family Provision claim
This is what most people mean when they say “contest a will.” You are not saying the will is invalid. You are saying it did not adequately provide for you. Section 6 of the Family Provision Act 1972 (WA) lets the Supreme Court order provision from the estate for eligible persons who have not received adequate maintenance, support, education or advancement in life.
Eligible persons under the Act include:
- Spouses and de facto partners (living with the deceased for at least two years, or with a child of the relationship).
- Children, including adopted and, in some cases, stepchildren.
- Grandchildren whose parent (a child of the deceased) died before the deceased, or who were being maintained by the deceased.
- Parents of the deceased.
- Cousins, siblings, friends and carers who fall outside these categories cannot bring a Family Provision claim. No matter how close the relationship was.
Ground two: challenging the will’s validity
This is a different fight. Here you argue the will itself should not stand. Common grounds include:
Lack of testamentary capacity. The deceased did not understand the nature of the will, the extent of their estate, or the claims of those who might expect to benefit. Dementia diagnoses, medication effects and stroke history often feature.
Undue influence. Someone pressured the deceased to sign a will that did not reflect their true wishes. The bar is high; mere persuasion is not enough.
Fraud or forgery. The signature, the witnessing or the document itself was tampered with.
Improper execution. The will was not signed and witnessed in line with section 8 of the Wills Act 1970 (WA).
If a challenge succeeds, the court may set the will aside. And rely on an earlier valid will or treat the estate as intestate. If you are unsure which ground applies, our wills and estates team can talk you through both in the first meeting.
How successful are people at contesting a will in WA?
Success rates vary because “success” itself varies. Some claims settle in mediation for a modest lump sum. Some go to hearing and produce a larger provision order. Others fail because the applicant was not eligible or because the estate was already fairly distributed.
The Supreme Court of WA weighs the following factors:
- The size and nature of the estate.
- The financial position of the applicant, including income, assets, debts and health.
- The financial position of the other beneficiaries.
- The relationship between the applicant and the deceased, including any estrangement and its cause.
- The deceased’s stated reasons for the distribution, often set out in a statutory declaration attached to the will.
- Contributions the applicant made to the deceased’s welfare or estate.
A spouse of thirty years with limited superannuation contesting a will that left everything to an adult child from a previous marriage sits in very different territory to an estranged adult child contesting a modest estate. The outcomes differ accordingly. The Law Society of Western Australia publishes practice guidance that mirrors these factors. And any Perth WA practitioner will apply the same framework.
The six month deadline that ends most claims before they start
Section 7 of the Family Provision Act sets the limit: six months from the date probate is granted. Not six months from the date of death. Late applications need the court’s leave, which requires you to show good reason for the delay. And that no beneficiary has been unfairly prejudiced.
The mistake we see most often: families wait through the grief period, wait through the funeral. Wait until the estate is being distributed, then discover probate was granted four and a half months ago. That leaves six weeks to gather evidence, brief a lawyer, prepare an originating summons and file. It can be done, but it is much harder than starting at week two.
If you suspect a claim is coming, or you think you might have one. The first phone call costs nothing and buys you the one thing the process refuses to give you later: time.
What the process actually looks like
Here is the practical sequence for a Family Provision claim in Perth WA, not a marketing summary. But the actual steps.
| Stage | What happens | Typical timing |
| Initial advice | Eligibility check, review of the will and probate documents, assessment of merits | Week 1 |
| Formal claim letter | Notice to the executor of intent to claim. Request for estate information | Weeks 2 to 4 |
| Originating summons filed | Application lodged with the Supreme Court of WA within the six month window | Before month 6 |
| Mediation | Court-ordered mediation attempts to resolve without a hearing | Months 6 to 12 |
| Hearing (if needed) | Supreme Court determines the claim on evidence | Months 12 to 24 |
Most claims resolve at mediation. The court actively encourages settlement, and the cost and stress of a hearing push both sides toward a workable figure. That is a feature of the system, not a weakness.
What you need to bring to the first meeting
The families who move fastest arrive prepared. Here is a short list:
- A copy of the will (if you have one) and the probate document.
- Details of the deceased’s assets and liabilities, as far as you know them.
- Your own financial snapshot: income, assets, debts, dependents, health circumstances.
- A short-written summary of the relationship, including any estrangement or reconciliation.
- Any correspondence from the executor or their lawyer.
For a fuller checklist on how to approach a first meeting with a family law or estates lawyer. See our guide on preparing for your first meeting with a family lawyer how to walk in prepared. The principles carry across.
Where we sit on this
We are a Perth WA firm serving Western Australian families and business owners across Perth WA, Fremantle, Joondalup. And the wider metropolitan area. Our approach on contested wills matches how we run every other matter: fixed-fee initial advice, plain-English scoping. And no surprise costs once we agree the path. Reaching out costs you nothing, and the first conversation is where most families realise whether they have a claim worth running or whether the estate has already been distributed fairly.
The Family Provision Act 1972 (WA) is not a loophole. It is a considered piece of legislation that recognises wills sometimes fail the people they were meant to protect. If you think that has happened in your family, the next step is a conversation, not a court filing.
Frequently asked questions
How much does it cost to contest a will in Western Australia?
Costs vary widely because they depend on whether the matter settles at mediation or proceeds to a Supreme Court hearing. Some estates cover the applicant’s costs from the estate itself if the claim succeeds. Our first consultation is fixed-fee so you understand the likely path before committing to litigation. The Law Society of Western Australia publishes general guidance on legal costs disclosure that every WA practitioner must follow.
How much does it cost to contest a will in South Australia?
South Australia operates under the Inheritance (Family Provision) Act 1972 (SA). Which is a separate regime with its own eligibility and timing rules. If your matter involves a South Australian estate, you need advice from a practitioner admitted in that jurisdiction. We can refer you if that applies.
Who can I talk to about contesting a will in Perth WA?
Any Perth WA firm with a wills and estates practice can advise you. And the Law Society of Western Australia maintains a find-a-lawyer service. Look for a practitioner who offers a clear scope and fixed-fee initial advice. So you know your position before costs accumulate.
Can I still contest a will if probate was granted more than six months ago?
You can apply for leave to file out of time, but you will need to explain the delay. And show that no beneficiary has been unfairly prejudiced by it. Late applications are harder to run and not always granted. Move quickly if you suspect the deadline has passed.
What if I disagree with how the executor is handling the estate?
That is a separate issue from contesting the will itself. Executor conduct disputes can involve applications for accounts, removal of the executor, or claims for breach of duty. Our wills and estates team handles both contested wills and executor disputes.
What to do next
If probate has been granted in the last few months and something about the will does not sit right, book a consultation. We will tell you whether you have grounds, whether you sit inside the eligibility list. And what the realistic path looks like. No hidden costs. No pressure to run a claim that will not succeed. Just clear advice on where you stand and what the six-month clock means for your situation.
