Challenging the Validity of a Will
Not all wills are valid.
For example, a person who suffers from dementia may not have had capacity to make a will. In that case, even though the will is signed and witnessed, the Court may declare it to be invalid.
With an aging population, we have observed this problem to be occurring more often.
If you have a concern that your parent or loved one did not have the ability to make a will, or signed a will that did not reflect their true intentions, you may be able to make an application to challenge the validity of the will. In many cases, if successful, such a challenge will result in the Court granting probate over a previous will.
Such claims, however, can be both complicated and involve questions of medical evidence. At Eastwood Law, we have successfully litigated the number of such claims and are able to provide clear initial advice concerning the likely merits of such a claim.
Some of our notable cases include:
Our Services
Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.
We have advised and acted for clients based in other states of Australia as well as overseas.
Probate and Letters of Administration
When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.
MoreChallenging the Validity of a Will
You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.
MoreExecutors Duties and Disputes
BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.
MoreBeneficiaries Concern Over Estate Administration
Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.
MoreTrust Disputes
Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.
MoreComplex Estate Disputes
We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.
MoreWhy Choose Eastwood Law?
- Boutique WA estate-litigation firm — we focus exclusively on contested estates, probate, family provision claims, will challenges and trust disputes.
- Cameron Eastwood, Director — 20+ years of advising West Australian families through complex estate matters.
- Supreme Court of WA + Court of Appeal experience — we appear at every level, including the High Court of Australia and the State Administrative Tribunal.
- Trusted since 2005 — backed by hundreds of West Australian families who have walked through this with us.
- Free 20-minute consultation — we will hear you out, give clear advice, and let you decide if we are the right fit.
Phone: (08) 9481 8460 · Office: Level 1, 26 Railway Road, Subiaco WA 6008