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Inheritance disputes

Inheritance disputes

Family fights can be emotionally draining and difficult. We're here to guide you.

The death of a relative is a difficult time for any family and even more so when a dispute looms over the estate. We can provide you with clear information, advice and representation to help you to navigate this challenging period. 

Estate disputes are as varied as the lives of the people involved. It is critical to obtain effective legal advice on your specific circumstances. We understand the toll that these sorts of disputes take on families. We will give you practical and objective advice and help you resolve disputes as quickly and efficiently as possible.

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Common Estate Issues

Work with Perth's leading deceased estate lawyers

Sometimes things don’t go as smoothly as they should. If you’re dealing with a disagreement or concern about an estate, we’ll help you understand your options and take the right steps forward with clarity.

Challenges to a Will and disputes
Concerned about whether a Will is legally sound? We provide clear, practical advice without unnecessary cost or complexity.
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Family provision claims
Not all Wills reflect what's fair. In some cases, the Supreme Court can amend them - and we’re here to guide you, whichever side you're on.
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Claiming superannuation death benefits
Superannuation is often one of the biggest assets in an estate - and also one of the most complex. Getting clear advice early makes all the difference.
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Disputing transactions before death
It’s a heartbreaking truth that vulnerable people are sometimes exploited financially by those they rely on most. We’re here to help you address it.
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Executor or administrator conduct concerns
Not every executor does the right thing. If you’re worried about how an estate is being managed, we can step in.
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Appointing an independent administrator
In situations of uncertainty or conflict, we’re able to act as a trusted independent administrator to preserve the estate's value and integrity.
Read more

FAQs

You may be able to challenge a Will if you have one of the following relationships with the testator:
  • married or de facto partner immediately before the testator’s death;
  • a former spouse or former de facto partner if you received or were entitled to receive maintenance from the testator;
  • a child;
  • a grandchild or step-child (in certain circumstances); and
  • a parent or step-parent.
The Court will first consider whether the testator has made an adequate provision for you in your particular circumstances. This includes consideration of:
  • your financial position, level of education and age;
  • the provision made for you in the Will (if any);
  • the relationship the testator had with you and the other beneficiaries;
  • the value and nature of the estate;
  • any contribution you have made to the testator’s assets;
  • the needs of other family members; and
  • any conduct that you have engaged in that may disentitle you to a share of the estate.
If the Court finds that an adequate provision has not been made for you, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.
If you intend to challenge a Will, time is of the essence. You must apply within 6 months from the date of any grant of Probate or Letters of Administration (although the Court has a discretion to extend the deadline).
A beneficiary of a challenged Will does not need to actively participate in the proceedings. However, if the Court upholds the challenge, the amount you will receive under the Will may be reduced. For this reason, you may want to present your financial and personal circumstances to the Court to persuade it not to reduce your entitlement.
As an executor, you will need to be actively involved in the court proceedings. Your role is two-fold: to provide information regarding the value and nature of the estate and to defend the existing Will. In most cases, an executor will be entitled to have their legal costs paid from the estate, irrespective of the outcome of the proceedings.

Why choose Perth Probate Centre?

Clear, compassionate probate support when you need it most.

01.
We simplify the process

Grief is hard enough. We’ll guide you step by step with practical advice and clear communication, so you always know what to expect.  Read what our clients say.

02.
We lighten the load

From paperwork to probate court, we handle the details so you can focus on what truly matters – your family and your wellbeing.

03.
We're trusted experts

With hundreds of estates managed, both big and small, we bring deep experience, legal know-how, and genuine care to every family we support.

We're here to help

Not sure where to begin?

You don’t have to have all the answers – that’s what we’re here for.
Chat with our friendly legal team and we’ll guide you through it.

(08) 9220 4490

Meet our team

We specialise in probate and estate administration – it’s what we do, and we’ve been doing it for over 40 years. You’re in experienced hands.

Michael Hodgkins
Legal Practitioner Director
Michael is an experienced succession and property lawyer and has served the Western Australian community as a legal practitioner for over 27 years at Curae Law.  Michael has represented clients, both in and out of court, in matters spanning……
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Nigel Siegwart
Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
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Lucy Dickens
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team, delivering clear, compassionate, and practical advice on succession planning and estate administration. Her approach combines legal expertise with a passion for innovation, making complex processes simple and accessible for our clients…….
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Sean McMurdo
Lawyer
Sean is a dedicated lawyer within the wills and probate team, specialising in guiding individuals through the intricacies of legal matters such as wills, powers of attorney, and powers of guardianship. In the realm of estate planning, Sean offers……
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Testimonials

What our clients say

I highly recommend and appreciate all the care, support and expertise I received through Curae Law Practice. Many thanks to my legal representative Nigel and the administrative team. Nigel walked me through the process and clearly conveyed all the options His professional approach provided the clarity I needed and created a pathway towards resolving the matter both efficiently and effectively.
Ms C - Perth Probate Centre Client
May 17, 2026
Dear Michael, Thank you so much, I greatly appreciate your help and kindness in helping me to finalise [deceased’s] Estate.
Ms N - Perth Probate Centre Client
May 3, 2026
Michael Hodgkins was recommended to us by another lawyer due to the complexity of 2 tragic losses we had suffered more than 12 months ago. Due to our situation being so complex, Michael Hodgkins guided us through this extremely difficult time with professionalism, kindness and empathy to ensure the Estates were completed with the least amount of stress possible. All of our communications and queries were answered promptly and dealt with seamlessly. The entire staff at Curae Law were knowledgeable and professional and always went the extra mile, we can’t thank you enough.
Ms K - Perth Probate Centre Client
May 1, 2026
Michael and Sean were compassionate and upfront about the process of settling an estate. They were clear and provided step by step advice at an exceptionally difficult time for our family. Their pricing is transparent and information about payments was clear and consistent. I would recommend the team to anyone seeking advice for and support with a deceased estate.
Ms Q - Perth Probate Centre Client
April 18, 2026
Good morning Michael, Thanks again for your advice, expertise and assistance to the family during this difficult time.
Ms A - Perth Probate Centre Client
April 14, 2026
I was very happy with the service I recieved with Lucy regarding probate of my mother’s estate. At a time of grieving and closure it was a relief to have a professional and caring firm acting on my behalf..
Paulina Edmonds
April 8, 2026