Family Provision
Claim
The loss of a loved one is difficult enough without the added stress of a dispute over their estate. If you believe you have been unfairly left out of a Will, or have not been adequately provided for, you may have rights to file a claim under the Family Provision Act 1972 (WA).
Perhaps you are the executor or administrator of a deceased estate against which a claim has been filed and are not sure what steps to take next.
The Family Provision Act 1972 (WA) allows certain eligible people to apply to the Supreme Court of Western Australia for further provision from a deceased person's estate where adequate provision has not been made for their proper maintenance, support, education or advancement in life. Eligibility and the merits of each claim depend on the individual circumstances of the deceased, the applicant, and the estate.
Our experienced estate litigation lawyers advise and represent:
people seeking to bring a Family Provision claim;
executors defending claims against an estate;
beneficiaries whose inheritance may be affected by a claim; and
parties involved in contested Wills and other estate disputes.
Family Provision claims are subject to strict statutory time limits, making it important to obtain legal advice as soon as possible. We provide clear, practical advice on your rights, the strength of your case, and the most effective strategy for achieving a timely and cost-effective resolution. While many disputes are resolved through negotiation or mediation, we also provide representation in Supreme Court proceedings when litigation is necessary.
Whether you are making a claim, or defending one, our team will guide you through the process with professionalism, compassion and a focus on protecting your interests.