Family Provision Claim WA | Left Out of a Will?

Family Provision Claim

In today’s society, an inheritance is more important than ever.

For most people, it is the single greatest financial benefit they will ever receive. There are many reasons why someone may not receive their fair share of an estate. In some cases, it will be poor legal advice, in others, it may be a deliberate decision on the part of the will-maker.

Section 6 of the Family Provision Act 1972 (WA) provides that a person can make a claim for adequate provision from an estate for the proper maintenance, support, education or advancement in life if that person is an “eligible person” under section 7 of the Act. An eligible person includes:

The spouse or de facto spouse;
A child; or
In certain circumstances, a grandchild, step-child, or parent.

If you are an eligible person and you have not been adequately provided for in the will, or if you have been left out of the will, or if you feel that there is an unfair distribution of the estate, book a consultation to find out your rights and entitlement to make a claim.

Family Provision Claims can be made within 6 months of the grant of probate or letters of administration. If an eligible person wishes to make a claim after this period, the applicant must first make an application for the Court to grant leave to file the claim out of time.

Even if you are outside of the 6-month period to make a claim, you may be able to make an application to extend that period. We have experience in making applications for leave to make a claim out of time and in many instances have been able to obtain a favourable settlement for our clients.

Some of our notable cases include:

Curran v Duncan (as Executor of the Will of Jean Frances Hogg (Dec)) & Ors [2006] WASC 9

Mead v Lemon [2015] WASC 71

Lemon v Mead [2017] WASCA 216

Hill v Murray (as beneficiary of the estate of Alec Kumar Sodhy) [2023] WASC 482

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.

Challenging 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.

Executors 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.

Beneficiaries 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.

Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

Complex Estate Disputes

We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.

Get Your Free 20-Minute Legal Consultation.

(08) 9481 8460 Free Consultation

Why 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

Book Your Free 20-Min Consultation

Frequently Asked Questions

What is a family provision claim in WA?

A family provision claim is a legal application under the Family Provision Act 1972 (WA) by an eligible person who believes they were left without adequate provision in a will (or under intestacy laws). The Court can vary the distribution of the estate if it finds the deceased failed to make adequate provision for the claimant’s proper maintenance, support, education or advancement.

Who can make a family provision claim in Western Australia?

Eligible claimants include spouses and de-facto partners, former spouses receiving or entitled to maintenance, children (including adult children, adopted, step and ex-nuptial), grandchildren in certain circumstances, and parents in certain circumstances. We can quickly tell you if you qualify.

How long do I have to make a family provision claim?

You generally have 6 months from the date of grant of probate or letters of administration to file a family provision claim in WA. Late claims are sometimes allowed by the Court but require strong justification. Don’t wait – early advice protects your position.

How much can I claim?

There is no fixed amount. The Court considers your financial position, your relationship with the deceased, the size of the estate, the position of other beneficiaries, the deceased’s reasons for the disposition, and your contribution to the deceased’s estate or welfare. Outcomes range from modest provision to substantial reallocation.

Will I have to go to court?

Most family provision matters resolve at mediation, not trial. The Court actively encourages settlement. We aim to negotiate a fair outcome quickly, with court proceedings as the last resort – though we are equipped to litigate if required.

What if the estate is small?

Even modest estates can be subject to a successful family provision claim if the claimant has genuine need. We will give you an honest read on whether a claim is commercially worthwhile in your circumstances.

Family Provision Claim