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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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.

Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers.  We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.
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……
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……
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team to provide easy to understand succession and estate administration advice. As well as practising law, she brings together people, technology and processes to design and deliver our innovative legal services. Lucy,……
Maya joined Birman & Ride in 2023 as part of the firm’s law cadetship program and acts as the first point of contact for many of our clients. She oversees new business enquiries through phone and email, for Probate,……
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……

What our clients say

Good morning Michael. Many thanks for you assistance in getting this sorted so efficiently.
Perth probate centre client
May 2, 2024
You’re the best Maya – thank you!
Probate on-the-spot client
April 11, 2024
Michael, thank you for your advice to date. It has proven both settling and very helpful in negotiating this most awful time in my life.  
Mr B
March 27, 2024
Lucy, thanks so much for you and your teams assistance with the grant of probate, I really appreciate it.
Probate on-the-spot client
March 20, 2024
Thank you so very much Maya for making this such a simple process for us all.
Probate on-the-spot client
March 8, 2024
Michael, A big thank you to you and your colleague (Carolina) for your assistance and kind support with my application for a grant of probate on Friday.
Perth Probate centre client
March 5, 2024

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Our plain-English guide How to manage a deceased estate has practical advice to help you to take charge and finalise the estate.