Is It Possible to Contest a Deceased Estate Will After Probate?

Probate is the legal procedure for confirming a deceased individual’s will and managing their estate according to their wishes.

While this procedure establishes legal validity, certain situations may still allow for challenges. As a result, it reflects the complexity surrounding estate disputes. To navigate this complex situation often requires the guidance of experienced professionals, such as a deceased estate lawyer Perth.

Probate in Western Australia

To prove a will, the Supreme Court reviews the wishes of the deceased person and appoints a person to take care of their estate. It ensures that the will is proper and the estate is taken care of in a lawful way.

The key steps involved in the probate are as follows:

• Determine the Need for Probate: If the deceased only had property in his/her own name, such as real estate or bank accounts. In this case, a grant of probate is required.
• Prepare the Application: This entails collecting the original will, death certificate and statement of assets and liabilities.
• File with the Supreme Court: Send an application with the required documents and the filing fee to the Supreme Court of Western Australia by mail.
• Await the Grant: In case an application in order is made, the Court will give a grant of probate to recognise the executor’s authority.

Grounds for Contesting a Deceased Estate After Probate

There are several factors that contribute to challenging a will even after probate has been granted. Here are some of them mentioned

1. Lack of Testamentary Capacity:

A will may be disputed if the testator did not have the mental capacity to know what he or she was doing when making the will. This involves the nature of the act, the extent of its assets and many other claims coming in from potential beneficiaries. This is set out in Banks v Goodfellow (1870) and remains a key common law principle in Australia.

2. Undue Influence:

If the will was made because of coercion or pressure, it may not accurately reflect what the testator wishes.

3. Forgery:

If there is evidence of forging a Will, signature or someone was tricked into signing something they didn’t understand. In this case, a will can be contested. This checking is conducted by using highly skilled handwriting analysis or other forensic proof.

4. Lack of Due Execution:

Australian wills should be in writing, signed by the testator and witnessed by two others who also signed. A failure to observe these formalities may make the will invalid under the Wills Act 1970 (WA).

5. Family Provision Claims:

Even after probate, those who qualify to claim are spouses, de facto partners, children or dependents and can make claims against deceased estates in Perth for a fair share. This process is supported by the Family Provision Act 1972 (WA).

The Process of Contesting After Probate

Contesting after probate has three important steps, which are:

• Seek Immediate Legal Advice: The foremost step is to consult a deceased estate lawyer in Perth and find out if you are entitled to claim under the Family Provision Act 1972 (WA).
• Collect Evidence and File a Claim: In the next step, you will be required to gather relevant documents such as will, probate grant, financial records and evidence on your relationship with deceased.
• Mediation and Out-of-Court Resolution: Efforts should be made to settle differences through mediation or negotiation. It may enable you to avoid the heavy costs and delays of litigation.

These measures are subject to specific scenarios. To take any action, first consult with property lawyers Perth.

The Role of Legal Professionals

A deceased estate lawyer in Perth may:

• Assess Claims: Analyse the provision of the Family Provision Act 1972 (WA) for legal strength.
• Collect Evidence: Locate and acquire related documents, such as wills and financial or land title records.
• Navigate Procedures: Deal with applications to court, probate and letters of administration according to WA legislation.
• Legal Representation: Be an advocate for clients in mediation and litigation for just decisions.

Importance of Property Settlement Lawyers Perth

In cases where the estate is that which contains large areas of real estate, property lawyers Perth and property settlement lawyers Perth WA involvement becomes highly important in terms of information regarding:

• Property Law: Coordination of title transfers, caveats and arguments on property ownership.
• Settlement: Conducting equitable division of property, especially in cases when claims relate to several beneficiaries or disputed wills.

Their specific skills ensure that the state property laws are met and avoid legal issues during estate distribution.

Final Thoughts

There are multiple scenarios in which contesting a deceased estate after probate may occur. These considerations are subject to the lack of testamentary capacity, under influence, forgery and lack of due execution. In this process, you should always consult with a deceased estate lawyer to resolve this dispute.