Can a Will Be Challenged in Western Australia?

Many people assume that once a will has been signed, it is final and cannot be questioned. While a properly prepared will carries significant legal weight, there are circumstances where it can be challenged under Western Australian law.

Will disputes are often emotionally and financially stressful, particularly when they involve close family members. Understanding when a will can be challenged—and how careful estate planning can reduce the risk of disputes—can provide valuable peace of mind for both will-makers and beneficiaries.

At Leeuwin Legal Collective, we assist individuals and families throughout Busselton and the South West with estate planning, estate disputes, and will challenges, providing practical advice tailored to each family’s circumstances.

Can a Will Be Challenged?

Yes.

In certain circumstances, a will can be challenged after the person who made it has passed away.

However, simply being unhappy with the contents of a will is not enough. A person seeking to challenge a will must usually have legal grounds to do so and, in many cases, must also be eligible to bring a claim under Western Australian law.

Each situation is unique, which is why obtaining legal advice as early as possible is important.

Who Can Challenge a Will?

Only certain people are entitled to challenge a will.

Depending on the circumstances, this may include:

• A spouse or de facto partner
• Former spouses in some situations
• Children
• Stepchildren in limited circumstances
• Grandchildren in certain cases
• Other dependants or eligible persons recognised by law

Whether someone is eligible to make a claim depends on their relationship with the deceased and the specific facts of the case.

Common Reasons a Will Is Challenged

There are several legal grounds upon which a will may be challenged.

The most common include:

• A claim that adequate provision was not made for an eligible family member.
• Concerns that the deceased lacked legal capacity when making the will.
• Allegations that the deceased was pressured or influenced into changing their will.
• Questions about whether the will was properly prepared or executed.
• Allegations of fraud or forgery.

Each type of claim has different legal requirements and should be assessed individually.

Family Provision Claims

One of the most common types of will challenge in Western Australia is a Family Provision Claim.

These claims do not necessarily argue that the will is invalid.

Instead, they argue that the deceased failed to make adequate provision for the proper maintenance, support, education or advancement of an eligible person.

For example, a person may claim they were unfairly left out of the will or received significantly less than was reasonable in the circumstances.

The Court considers many factors before deciding whether further provision should be made.

Lack of Testamentary Capacity

For a will to be valid, the person making it must have the legal capacity to understand:

• They are making a will.
• The nature and effect of the document.
• The assets they own.
• The people who may reasonably expect to benefit from their estate.
• The consequences of the decisions they are making.

If there is evidence that the deceased lacked capacity because of illness, dementia, injury or another medical condition, the validity of the will may be questioned.

Medical records, witness evidence and the circumstances surrounding the preparation of the will are often important in these cases.

Undue Influence

A will should reflect the genuine wishes of the person making it.

If someone was pressured, manipulated or coerced into changing their will, it may be challenged on the basis of undue influence.

Examples may include situations where:

• A vulnerable person is isolated from family.
• Someone exerts significant control over the deceased.
• The deceased is pressured into changing beneficiaries.
• A new will is prepared under suspicious circumstances.

Undue influence can be difficult to prove, but the Court will carefully consider the available evidence.

Improper Execution

Western Australian law sets out specific legal requirements for executing a valid will.

Generally, a will must:

• Be in writing.
• Be signed by the person making the will.
• Be witnessed correctly.
• Meet the legal formalities required under the law.

If these requirements are not satisfied, questions may arise about whether the document is legally valid.

Professional legal assistance when preparing a will helps reduce the risk of these issues.

Fraud or Forgery

Although uncommon, a will may also be challenged if there are allegations that:

• The signature was forged.
• Pages were altered after signing.
• A fraudulent document was presented as the deceased’s will.

These cases are often complex and require detailed evidence.

What Does the Court Consider?

When hearing a will dispute, the Court considers a wide range of factors, including:

• The deceased’s intentions.
• The relationship between the deceased and the claimant.
• The size and nature of the estate.
• The financial circumstances of the parties.
• Any obligations the deceased had towards the claimant.
• Evidence surrounding the preparation of the will.

Every case is determined on its own facts.

Does Challenging a Will Mean It Will Be Overturned?

Not necessarily.

Some claims seek to have the entire will declared invalid.

Others simply ask the Court to adjust how the estate is distributed.

Even where a challenge is successful, the Court will make decisions based on the evidence presented and the relevant legal principles.

Time Limits Apply

Strict time limits often apply to estate disputes and Family Provision Claims.

Delaying legal advice may affect your ability to bring a claim or respond to one.

If you believe you have grounds to challenge a will—or you are an executor dealing with a potential claim—it is important to seek advice as soon as possible.

Can a Will Challenge Be Avoided?

While no lawyer can guarantee that a will will never be challenged, careful estate planning can significantly reduce the likelihood of disputes.

Practical steps include:

• Preparing your will with professional legal advice.
• Clearly documenting your intentions.
• Regularly updating your will as circumstances change.
• Ensuring the will is properly signed and witnessed.
• Considering the needs of eligible family members.
• Keeping records of important decisions where appropriate.

A well-prepared estate plan is often the best way to minimise uncertainty and reduce the risk of future conflict.

What Should Executors Do if a Will Is Challenged?

If you are an executor and become aware of a potential challenge, it is important not to distribute the estate until appropriate legal advice has been obtained.

Executors have a duty to administer the estate correctly and may face legal consequences if assets are distributed before a dispute has been resolved.

Seeking legal guidance early can help protect both the estate and the executor.

Why Professional Estate Planning Matters

Many will disputes arise because documents were prepared without legal advice or were not updated as family circumstances changed.

Professional estate planning helps ensure:

• Your wishes are clearly documented.
• Your will complies with Western Australian law.
• Your family circumstances are properly considered.
• Potential issues are identified before they become disputes.
• Your loved ones have greater certainty after your passing.

Taking the time to prepare a comprehensive estate plan today can save your family significant stress in the future.

How Leeuwin Legal Collective Can Help

Whether you’re preparing a will, updating an existing estate plan, or dealing with a dispute after the loss of a loved one, our team is here to help.

At Leeuwin Legal Collective, we provide practical, compassionate advice on all aspects of wills and estate disputes. We take the time to understand your circumstances, explain your options in plain language, and work towards practical solutions that protect your interests.

Whether you’re seeking to minimise the risk of future disputes or require advice about challenging or defending a will, we can guide you through the process with confidence.

Speak With a Wills & Estates Lawyer in Busselton

Estate disputes can be complex, but you don’t have to navigate them alone.

If you have questions about whether a will can be challenged, or you’d like to ensure your own estate plan is as strong as possible, contact Leeuwin Legal Collective today to book your free 15-minute consultation. We’ll provide clear, practical advice tailored to your circumstances and help you protect what matters most.