We can assist people who wish to make or defend Family Provision Act claims in Western Australia.

The Family Provision Act is intended to be used where the terms of a Will or the rules for distribution under an intestacy of a deceased person do not make adequate provision for the proper maintenance support, education or advancement in life of certain eligible family members (or former family members) of the deceased person. In that case, the eligible person may apply to the court and the court may make an order for such provision as it thinks fit.

These claims often involve several different family members who will all require separate legal representation.

These matters are complex because they essentially involve the court either making a change to a deceased person’s Will after they have died or changing the distributions which would otherwise be prescribed under the law of intestacy (where there is no Will).

Emotions often run high, and understandably so, for the parties involved, most of whom are also grieving the loss of a family member – whether they grieve a close relationship of a loved one or the chance of a better relationship with an estranged family member.

Whether you are the one seeking provision or a greater provision from an estate of a deceased family member, or whether you are defending another’s claim against an estate of which you are a beneficiary, we can assist you in relation to these matters.

If you would like further information, or to discuss any of these or related issues, please feel free to contact us.