Inheritance Act Claims

A testator or testatrix is free to decide how they want their assets to be distributed when they die. However, pursuant to the Inheritance (Family and Dependents Provision) Act 1972 (WA) the court will, in certain situations, award that an amount be distributed to a specified relative.

The court will make such an order where the testator does not make adequate provision for the proper maintenance of certain relatives. Amongst others, the testator's spouse, de facto spouse, children, grandchildren and parents have standing to apply for such an order. In assessing the adequacy of a provision, the court will have regard to:

• the size and nature of the estate;
• the amount bequeathed to the applicant;
• the amount bequeathed to others;
• the applicant's financial position;
• the relationship between the applicant and the testator; and
• the relationship between the testator and other persons with a legitimate claim.

Our lawyers will study your relationship with the testator or testatrix and your future needs to ensure that you are given proper advice as to your rights under the relevant legislative scheme. We understand the intricacies of these applications and the rigid time limits that must be complied with. For example, in Western Australia an application for an order must occur within 6 months from the date on which the Administrator becomes entitled to administer the estate.

We also advise beneficiaries who want to defend their interests under a disputed will.