How Long Do You Have to Challenge an Unfair Will After Death?

Dealing with the death of a loved one is never easy. However, things can become even more complicated when you feel that the will they left behind is unfair. Maybe you’ve been left out completely, or perhaps someone else received much more than their fair share. If you’re in Perth and thinking about challenging a will, it’s important to act quickly and understand your legal options.

In this article, we’ll explore the timeline for challenging a will in Perth, the legal process involved, and how the Affordable Deceased Estate Lawyer in Perth can help you stand up for your rights.

What Does It Mean to Challenge a Will?

Challenging a will means legally disputing the contents of a deceased person’s will because you believe it was created unfairly or under suspicious circumstances. Common reasons for challenging a will include:

You were unfairly left out.

You were unfairly left out.

The deceased was pressured or influenced.

The person who made the will didn’t have the mental capacity.

There’s a newer version of the will.

Time Limits for Challenging a Will in Perth

In Western Australia, you generally have 6 months from the date of the grant of probate to challenge a will. This is a strict time limit set by the Family Provision Act 1972 (WA).

Here’s what you need to know:

The 6-month clock starts ticking from the date probate is granted, not the date of death.

In some rare cases, you can ask for an extension, but the court must be convinced you have a very good reason for being late.

If you miss the deadline, you may lose your chance completely, so don’t wait too long.

Who Can Challenge a Will in Perth?

Not everyone can challenge a will. In Perth, the law only allows certain people to make a claim. You may be eligible if you are:

A spouse or de facto partner

A former spouse

A child (including stepchildren in some cases)

A grandchild or parent, depending on the circumstances

A person who was financially dependent on the deceased

If you’re not sure whether you qualify, the Affordable Deceased Estate Lawyer in Perth can help review your situation and guide you on what steps to take.

What Happens When You Challenge a Will?

Once you decide to move forward, your lawyer will help you file a Family Provision Claim. This process involves:

Gathering evidence to show that you were unfairly treated or left out.

Demonstrating your relationship with the deceased and your financial needs.

Attending mediation sessions, which are often used to try and reach an agreement without going to court.

If no agreement is reached, the matter may go to the Supreme Court of Western Australia, where a judge will decide.

The whole process can be emotional and complex. That’s why having the best challenging and unfair will in Perth lawyer on your side makes a big difference.

Why Timing Matters So Much

When it comes to challenging a will in Perth, timing is everything. The legal system is very strict about deadlines, and courts don’t like late applications. If you think something isn’t right, it’s better to speak to a lawyer as soon as possible—don’t wait until it’s too late.

Get Help from the Affordable Deceased Estate Lawyer in Perth

You don’t have to face this situation alone. Whether you’re struggling with grief, confusion, or frustration over an unfair will, you deserve legal support that’s both compassionate and affordable.

At Affordable Deceased Estate Lawyer in Perth, we specialize in challenging an unfair will and have helped many locals get the justice they deserve. We offer clear advice, honest guidance, and practical solutions—without the hefty price tag.

Final Thoughts

Challenging a will can be one of the most emotional and complex legal matters to deal with. If you’re in Perth and feel you’ve been unfairly treated in a loved one’s will, remember: you only have 6 months from the grant of probate to take action.

Don’t delay. Speak to an experienced legal professional today. The team at Affordable Deceased Estate Lawyer in Perth is ready to help you understand your rights and stand up for what’s fair.