When someone passes away, their assets, property, and financial affairs need to be managed according to their Will—or, if no Will exists, according to the law. This process, known as estate administration, can sometimes lead to disputes among family members.
One of the most common questions asked is: Can a family member claim against a deceased estate in Perth? The answer is yes, but the circumstances and eligibility rules are specific. Understanding how these claims work and who can make them is vital if you’re facing such a situation.
Who Can Claim Against a Deceased Estate in Perth?
Not every relative is automatically entitled to make a claim. The Family Provision Act 1972 (WA) outlines who has the legal right to challenge a Will. The eligible people include:
- A surviving husband, wife, or de facto partner
- Children of the deceased, regardless of age
- Stepchildren in certain circumstances
- Grandchildren who were financially supported by the deceased
- Parents who depended financially on the deceased
This law ensures that those who were genuinely dependent or closely connected to the deceased are protected from being unfairly left out. If you belong to one of these categories and feel the Will does not adequately provide for you, consulting an experienced deceased estate lawyer in Perth should be your first step.
Why Would a Family Member Challenge a Will?
Challenging a Will isn’t always about conflict—it’s often about necessity and fairness. Some common reasons why people make claims against deceased estates in Perth include:
- Exclusion from the Will – A child or spouse is completely left out.
- Unequal distribution – One beneficiary receives significantly more than others.
- Financial need – A dependent relative requires support but is not adequately provided for.
- Concerns over capacity – If the deceased lacked mental capacity when creating the Will.
- Undue influence – If the Will was made under pressure or manipulation by another party.
The courts in Western Australia aim to strike a balance between respecting the wishes of the deceased and ensuring fair provision for dependants.
How Do Claims Against Deceased Estates Work in Perth?
Making a claim requires following specific steps and meeting strict deadlines. The process generally involves:
- Time limits: A claim must be made within six months of the Grant of Probate being issued.
- Applying: This is lodged with the Supreme Court of Western Australia.
- Providing evidence: The claimant must demonstrate financial need or dependency.
- Court consideration: The court evaluates factors such as the size of the estate, the needs of the claimant, and the deceased’s intentions.
Because the process is both technical and time-sensitive, having skilled Property Lawyers Perth handle your case can make a significant difference in achieving a positive outcome.
Why Hire a Deceased Estate Lawyer in Perth?
Handling estate disputes is never simple. Emotions are often high, and legal rules are complex. A knowledgeable lawyer can guide you through each step of the process, ensuring you don’t miss deadlines or weaken your case.
A dedicated deceased estate lawyer Perth can:
- Explain your rights and eligibility clearly
- Prepare and lodge all necessary documents
- Negotiate settlements to avoid lengthy court battles
- Represent you effectively in court if required
At Property Settlement Lawyers Perth, our experienced team is committed to helping clients navigate these sensitive matters with professionalism and care.
Final Thoughts
So, can a family member claim against a deceased estate in Perth? The short answer is yes—but only if they meet eligibility requirements and can show they were not adequately provided for. Claims must be made within strict time limits, and the process can be complex, so obtaining legal advice as soon as possible is crucial.
The team at Property Settlement Lawyers Perth is here to provide guidance and representation in all matters involving claims against deceased estates in Perth. With the right support, you can approach this challenging process with confidence.
