Western Australian specialist solicitors in will disputes and Family Provision Act claims. We act on a deferred-fee basis in appropriate matters.

When a parent, spouse or partner dies and the will does not reflect what you were told, what was promised, or what fairness requires — the law may be on your side.

Under the Family Provision Act 1972 (WA), eligible family members can apply to the Supreme Court of Western Australia for provision out of an estate, even where a valid will exists. The fact that you have been excluded — or left far less than others — does not mean the position is final.

Biddulph & Turley has acted in will disputes and estate litigation across Western Australia for over 30 years. Your matter is handled personally by Reg Biddulph, a solicitor and member of the Society of Trusts and Estate Practitioners (STEP), with extensive experience in high-value contested estate matters.

Who can challenge a will under the Family Provision Act?

In Western Australia, the following persons may apply for provision from a deceased estate:

• A spouse or de facto partner of the deceased
• Children of the deceased (including adult children)
• Grandchildren, in certain circumstances
• Parents of the deceased, where there was financial dependency

Step-children may apply in limited circumstances. Each case turns on its own facts, including the size of the estate, the applicant's financial position, the other beneficiaries' circumstances, and the nature of the relationship with the deceased.

What does 'adequate and proper provision' mean?

The court asks whether the will — or the rules of intestacy, if there is no will — makes adequate and proper provision for the applicant's proper maintenance, support, education or advancement in life. There is no fixed formula. The court weighs a range of factors including:

• The size and nature of the estate (property, investments, business interests, superannuation)
• The applicant's financial needs and circumstances
• The applicant's contribution to the estate — financial, domestic, or otherwise
• The competing claims of other beneficiaries
• The nature and length of the relationship between the applicant and the deceased
• Any estrangement — and its cause

Estrangement alone does not disqualify an applicant. Courts have consistently held that a parent cannot entirely exclude an adult child simply because the relationship was difficult or distant.

Challenging the validity of a will

Separately from a Family Provision Act claim, a will may be challenged on the grounds that it was not validly made. The most common grounds are:

• Lack of testamentary capacity — the will-maker did not understand the nature and effect of what they were signing
• Undue influence — the will was the product of pressure or coercion by another person
• Fraud or forgery
• Failure to comply with the formal requirements of the Wills Act 1970 (WA)

A challenge to validity should ordinarily be brought before probate is granted. Once probate issues, it becomes significantly more difficult to set aside the grant. If you have concerns about a will's validity, contact us immediately.

What does the process involve?

1. Initial consultation — assessment of the claim, the estate, and the likely field of competing claimants
2. Letter of claim — formal notification to the executor
3. Disclosure — the estate's assets and liabilities are identified
4. Informal negotiations
5. Supreme Court proceedings — commenced if settlement is not achieved
6. As part of the Supreme Court proceedings a compulsory mediation is usually held — the majority of FPA matters settle at or before mediation without a hearing

Most matters resolve by agreement. Proceeding to a trial is a last resort, but we are experienced in taking matters to hearing when necessary.

Fees

In appropriate Family Provision Act matters, we act on a deferred-fee basis — meaning our fees are paid from the estate proceeds at the conclusion of the matter. You do not pay as you go. We will assess at the initial consultation whether a matter is suitable for this arrangement and explain the basis clearly.

To discuss a potential claim — or to understand whether you have one — call Reg Biddulph on 08 9398 5533 or send an enquiry below. Initial consultations are obligation-free.